Section 43-2-845 – Powers and Duties of Successor Personal Representative.
Section 43-2-845 Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but a successor personal representative shall not exercise any power expressly made personal to the personal representative named […]
Section 43-2-846 – Co-Representatives; When Joint Action Required.
Section 43-2-846 Co-representatives; when joint action required. If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply: (i) when any co-representative receives and receipts for property due the […]
Section 43-2-847 – Powers of Surviving Personal Representative.
Section 43-2-847 Powers of surviving personal representative. Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as personal co-representatives is not appointed, those appointed […]
Section 43-2-848 – Compensation of Personal Representative.
Section 43-2-848 Compensation of personal representative. (a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may include, but are not limited to, the novelty and difficulty of the administrative process, the skill requisite to perform the service, the likelihood that […]
Section 43-2-849 – Expenses in Estate Litigation.
Section 43-2-849 Expenses in estate litigation. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements, including, but not limited to, reasonable attorneys’ fees incurred. (Acts 1993, No. 93-722, […]
Section 43-2-850 – Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate.
Section 43-2-850 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. On petition or appropriate motion of an interested person, and after notice to all interested persons, the propriety of employment of any person by a personal representative including any attorney, auditor (who may include certified public accountants, […]
Section 43-2-851 – Bond.
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate […]
Section 43-2-852 – Terms and Requirements of Bonds.
Section 43-2-852 Terms and requirements of bonds. (a) The following requirements and provisions apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally liable with the personal representative and with each other. (2) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court […]
Section 43-2-837 – Duty of Personal Representative; Possession of Estate.
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto […]
Section 43-2-853 – Application to Existing Estates.
Section 43-2-853 Application to existing estates. (a) Estates filed for probate prior to January 1, 1994, the administration of which continues in effect after January 1, 1994, are unaffected by this article. Those estates continue in effect and administration continues as they existed prior to this article with all the powers and duties previously granted […]