§ 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 […]
§ 30-5-101. 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 […]