§ 30-4-103. Affidavit — Filing Fees — Bond — Discharge
Whenever a decedent leaves a small estate, it may be administered in the following manner: After the expiration of forty-five (45) days from the date of decedent’s death, provided no petition for the appointment of a personal representative of the decedent has been filed in that period of time and decedent’s estate is a small […]
§ 30-4-104. Administration by Affiant
Every person indebted to decedent’s estate, or having possession of any property belonging to the estate, or acting as registrar or transfer agent of any shares of stock, bonds, notes or other evidence of ownership, indebtedness, property or right belonging to decedent’s estate shall be furnished a copy of the affidavit by the affiant, duly […]
§ 30-4-105. Construction of Chapter
This chapter shall be cumulative to existing law relating to the administration of decedents’ estates and is intended to provide an optional and alternative method for the administration of small estates.
§ 30-5-101. Initiation of Administration
The administration of an insolvent estate shall begin upon the filing of a petition to probate or the application for letters of administration by the personal representative or a creditor in the court having probate jurisdiction. Code 1858, § 2362 (deriv. Acts 1851-1852, ch. 283, § 21); 1871, ch. 106, § 1; Shan., § 4102; […]
§ 30-5-102. Notice of Insolvency — Filing — Copies
After the time for filing claims has expired, as provided by § 30-2-310, if the estate is unable to pay all of its creditors, the personal representative shall file with the clerk a notice of insolvency. A copy of the notice shall be sent by certified mail, return receipt requested, to each creditor who has […]
§ 30-5-103. Notice of Insolvency — Contents — Effect of No Objections
The notice of insolvency shall contain an accounting of assets that have come into the hands of the personal representative and a proposed plan of distribution in accordance with § 30-2-317. The notice shall bear, in a conspicuous manner, the following language: Objections to this proposed plan of distribution must be filed with the clerk […]
§ 30-5-104. Hearing on Objection to Plan — Notice
If an objection to the proposed plan of distribution is filed with the clerk within the thirty-day waiting period, the clerk shall schedule a hearing no less than fifteen (15) nor more than thirty (30) days from the last day upon which objections may be filed. The clerk shall give notice of the hearing date […]
§ 30-5-105. Clerk’s Report — Exceptions
Within ten (10) days of a hearing required under § 30-5-104, the clerk shall file a report to the court setting forth the clerk’s findings. If no exceptions are filed with the clerk, the clerk’s report shall become the judgment of the court. If an exception to the report is filed, the matter shall be […]
§ 30-4-102. Chapter Definitions
As used in this chapter, unless the context clearly requires otherwise: “Affiant” means the person executing the affidavit provided for in § 30-4-103; “Court” means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death; “Person” means an individual, partnership, firm, business trust, corporation […]
§ 30-3-203. Transfer of Property Without Conservatorship
If the spouse of any person defined as an absentee in § 30-3-201(1), or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter […]