§ 28-53-104. Order of final distribution — Contents
(a) The order authorizing, directing, or approving a final distribution shall state that: (1) Not less than sixty (60) days have elapsed from the date of the filing of the final account or notice and hearing have been waived; (2) The notice required by § 28-53-103 has been given or has been waived; (3) The […]
§ 28-53-105. Order of final distribution — Conclusiveness
(a) The order of final distribution shall be a conclusive determination as to the persons who are the successors in interest to that part of the estate of the decedent passing through the hands of the personal representative and as to the extent and character of their interests therein, subject only to the right of […]
§ 28-53-106. Account not approved
If the final account is not approved, the court shall enter an order specifying wherein and the extent to which the account is not approved and directing a restatement of the account and such further action, if any, on the part of the personal representative as the court finds to be proper.
§ 28-53-107. Abatement
(a) Except as provided in subsection (c) of this section, shares of the distributees shall abate for the payment of claims, legacies, the family allowances, the shares of pretermitted heirs, or the share of the surviving spouse who is entitled to and elects to take against the will, without any preference or priority as between […]
§ 28-53-108. Contribution
(a) When real or personal property which has been specifically devised or charged with a legacy shall be sold or taken by the personal representative for the payment of claims, general legacies, the family allowances, the shares of pretermitted heirs, or the share of a surviving spouse who elects to take against the will, other […]
§ 28-53-109. Determination of advancements
(a) All questions of advancements made or alleged to have been made by an intestate to any heir may be heard and determined by the court at the time of the hearing on the petition for final distribution or at an earlier date if the court so directs. (b) The amount of every advancement shall […]
§ 28-53-110. Improper distributions
(a) Unless the distribution or payment no longer can be questioned because of adjudication, estoppel, or limitations, a distributee of property improperly distributed or paid, or a claimant who was improperly paid, is liable to return any property improperly received, which is other than money, and its income since distribution if he or she has […]
§ 28-52-105. Petitions for settlement and distribution
(a) At the time of filing an account, the personal representative shall petition the court to settle and allow his or her account. (b) If the estate is in a proper condition to be closed, he or she shall also petition the court for an order authorizing him or her to distribute the estate and […]
§ 28-53-111. Setoffs
When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any real or personal property of the estate to which the distributee is entitled. However, the […]
§ 28-52-106. Notice of filing of accounts
During the first week of each month the clerk shall publish, in a newspaper published or having a general circulation in the county, a notice of estates in which accounts have been filed by personal representatives during the preceding month, listing in alphabetical order the names of the estates, with the names of the personal […]