Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator. When an executor or administrator dies, resigns or is removed, or his letters are revoked, or his authority ceases from any cause, he must within one month after his authority ceases or, in case of his death, his personal representative must […]
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining or succeeding executor or administrator of the estate of the decedent, if there be one, must be made a party to such settlement and, if a resident of this state, must have personal notice of the time of making the same served on […]
Section 43-2-552 Decree for balance – Generally. If there remains any act of administration to be done, other than making settlement and distribution or payment of legacies, and there is a remaining or succeeding executor or administrator, a decree must be rendered in his favor for the amount found due on such settlement, and for […]
Section 43-2-553 Decree for balance – Decree in favor of outgoing executor or administrator; insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator, the probate court may, if six months have elapsed from the grant of original […]
Section 43-2-554 When execution may be stayed. The probate court may stay execution on any decree rendered under the provisions of section 43-2-553, for any time not exceeding six months, if, in the judgment of the court, the interest of the estate requires extension. (Code 1867, §2168; Code 1876, §2540; Code 1886, §2177; Code 1896, […]
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor or administrator or, if dead, his personal representative or, in case of his removal from the state, his sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the application of […]
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate account. After stating such account, the court must issue citation to such executor or administrator or, if dead, to his personal representative or, in case of his removal from the state, to his sureties to appear on a day therein named […]
Section 43-2-557 Proceedings on final settlement of account. On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his personal representative or, in case of his removal from the state, his sureties and show that he is entitled to additional credits; […]
Section 43-2-558 Setting aside decree. If, however, such executor or administrator or, if dead, his personal representative or, in event of his removal from the state, his sureties appear and file his accounts and vouchers for settlement and pay such costs as have accrued upon the proceedings had under sections 43-2-555 through 43-2-557, the court […]
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts of deceased or outgoing executors or administrators provided for in this division do not prevent any action by the remaining or succeeding executor or administrator, or by any other person entitled thereto, against such executor or administrator or his personal representative […]
Section 43-2-560 Settlement by sureties of deceased executor or administrator – Filing account and vouchers. In case of the death of an executor or administrator who had not made a final settlement of his executorship or administration, and where letters of administration or testamentary have not been granted on his estate, the sureties on his […]
Section 43-2-561 Settlement by sureties of deceased executor or administrator – Making representative of deceased executor or administrator party to settlement. Should an administrator or executor of such deceased executor or administrator be appointed at any time before final decree, any party to the proceeding may, on motion, have such executor or administrator of such […]
Section 43-2-562 Settlement by sureties of deceased executor or administrator – Petition for order requiring sureties to make settlement. In any case where an executor or administrator shall die without having made a final settlement of his administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, legatees or […]
Section 43-2-563 Settlement by sureties of deceased executor or administrator – Conclusiveness of settlement. In all such cases provided for in section 43-2-562, the settlement therein provided for shall be final and conclusive against such sureties save the right of review by appeal or otherwise as now provided by law. (Acts 1915, No. 98, p. […]
Section 43-2-564 Settlement by sureties of deceased executor or administrator – Execution against sureties. Execution and all other final process may issue against the said sureties on said bond to enforce said judgments. (Acts 1915, No. 98, p. 138; Code 1923, §5939; Code 1940, T. 61, §334.)
