§ 30-2-410. Proceeding by Scire Facias When Personalty Exhausted or Insufficient
Where, in a suit against an executor or administrator, the plea of “fully administered,” “no assets,” or “not sufficient assets to satisfy the plaintiff’s demand,” is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff’s demand, and entry of judgment; but before taking out execution against the […]
§ 30-2-411. Service of Scire Facias
When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit. Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; […]
§ 30-2-412. Judgment Without Appearance
Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their […]
§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution
To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees. If this issue be found against the […]
§ 30-2-322. Continuance of Decedent’s Business
The probate court of the county of the decedent’s residence at the time of decease, when not contrary to the decedent’s will, if any, may authorize the personal representative to continue the business of the decedent upon such conditions as it may impose, for an original period not exceeding nine (9) months from the date […]
§ 30-2-323. Advances for Property Maintenance Expenses
Unless contrary to the decedent’s will, the personal representative of the estate is authorized, but not required, to advance or to pay as an expense of administration for a period of up to four (4) months after the decedent’s death the reasonable costs of routine upkeep of any real property passing under the will of […]
§ 30-2-324. Dismissing Probate Case Without Prejudice After Notice
After notice has been sent to the last known address of the personal representative of the estate, the attorney for the estate and any beneficiaries of the estate, the court may enter an order, without liability to the clerk of the county of administration, dismissing, without prejudice, a probate case if: No order of disposition […]
§ 30-2-401. Jurisdiction to Sell Realty — Procedure
The probate court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition, and the mode of procedure in such a case in the probate court shall conform in every respect to the rules and regulations laid down for the conduct of similar causes […]
§ 30-2-402. Petition in Court of Administration for Sale of Realty — Procedure
If the personal property available appears to be insufficient to pay debts and expenses, the personal representative, or a creditor whose claim is duly filed, may, at any time, file a petition in the court in which the estate is being administered, for the sale of the decedent’s land, or so much of the land […]
§ 30-2-403. Petition in Equity for Sale of Realty by Chancery, Circuit, or Probate Court in County Where Land Lies
Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased’s debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative’s own means, and the deceased died […]