Section 43-2-600 When matters of controversy may be referred to arbitration. On the settlement of the estate of a decedent, when such estate is free from debt, the probate court in which such settlement may be pending has authority to refer all matters of controversy arising in such settlement to arbitration, if, in the opinion […]
Section 43-2-601 Consent by guardian. If any person interested in such estate is an infant or of unsound mind, his guardian shall have authority to consent to the reference to arbitration, which consent must be in writing, and, when so given, shall be binding on such person as fully and effectually as if he were […]
Section 43-2-602 Appointment of arbitrators. The arbitrators must not exceed three in number and must be entirely disinterested and must be appointed by order of the probate court. (Code 1867, §2171; Code 1876, §2543; Code 1886, §2185; Code 1896, §253; Code 1907, §2704; Code 1923, §5942; Code 1940, T. 61, §344.)
Section 43-2-603 Award – Generally. The arbitrators must make their award in writing, and, within 10 days after making the same, they must return it to such court; and, if approved by the court, it must be entered of record and shall be final and conclusive upon all the parties. But such award must not […]
Section 43-2-604 Award – Force and effect; execution. If such award, or any part thereof, is for the payment of money, it shall, when approved and entered of record, have the force and effect of a judgment at law in favor of the person to whom the money may be awarded; and execution may issue […]
Section 43-2-605 Award – Setting aside; second reference. If such award is not approved by the court, it must be set aside; and the court may refer the matters again to the same or other arbitrators. (Code 1867, §2174; Code 1876, §2546; Code 1886, §2188; Code 1896, §256; Code 1907, §2707; Code 1923, §5945; Code […]
Section 43-2-606 Award – Objections. Any of the parties may, within 10 days after such award has been returned to the court, file objections to the same; and, if objections are filed, the court must appoint a day, not less than 30 days from the filing of such objections, to hear and determine the same, […]
Section 43-2-607 Applicability of certain sections in Title 6. Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to the settlement of estates by arbitration. (Code 1867, §2176; Code 1876, §2548; Code 1886, §2190; Code 1896, §258; Code 1907, §2709; Code 1923, §5947; Code 1940, T. 61, §349.)
