Section 43-2-640 Authorization to make distribution – Distribution by executor or administrator. When the executor or administrator is satisfied that the estate is solvent, he may, after six months from the date of the grant of letters testamentary or of administration, make distribution of the whole or any part of the property without obtaining an […]
Section 43-2-641 Authorization to make distribution – Distribution by court after six months from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution out of the assets of the decedent, on the application of any person entitled to distribution, after six months from the grant of letters. […]
Section 43-2-642 Contents of application. Such application must be in writing, verified by affidavit, must specify the share to which the applicant is entitled and must allege that the assets of the decedent are more than sufficient to pay the debts of the decedent and the charges on his estate. (Code 1852, §1779; Code 1867, […]
Section 43-2-643 Time for hearing; notice. A day must be appointed for the hearing of such application, and a citation must be issued and served on the administrator 10 days before the day appointed, notifying him of the grounds of the application and the day of hearing the same. (Code 1852, §1780; Code 1867, §2107; […]
Section 43-2-644 When distribution made; limit on amount. On the day appointed, or on any other day to which the application may be continued, if the court is satisfied from the evidence that the assets are more than sufficient to pay the debts and charges, it may make an order of distribution for such portion […]
Section 43-2-645 Refunding bonds – Required; terms and conditions. Such order must not in any case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to be approved by the judge of probate, payable to the administrator, in double the amount distributed to the applicant or in double the value of […]
Section 43-2-646 Refunding bonds – Recordation; transcript as evidence. All refunding bonds provided for in this division must be recorded by the judge of probate and then delivered to the executor or administrator; and a transcript of any such bond as recorded, duly certified, is evidence to the same extent as the original would have […]
Section 43-2-647 Refunding bonds – Bond stands as security; action on bond. (a) Such refunding bond stands as security for the executor or administrator, should the assets in his hands, after any payment of money or delivery of property under the order of the court, prove insufficient to pay the debts, claims and charges against […]
Section 43-2-648 Refunding bonds – Rights of parties among themselves. Any party making a payment on any refunding bond taken under this division, may recover against the parties to any other refunding bond such an amount as shall be in the same proportion to the amount collected from the plaintiff, as the amount of money […]
Section 43-2-649 Costs. If any application made under the provisions of this division is determined against the applicant, he must pay the costs. (Code 1852, §1783; Code 1867, §2110; Code 1876, §2487; Code 1886, §2204; Code 1896, §272; Code 1907, §2730; Code 1923, §5969; Code 1940, T. 61, §371.)
