Section 43-2-740 Time and manner of filing claims – Generally. Every person having any claim against the estate declared insolvent must file the same in the office of the judge of probate as provided by subsection (b) of section 43-2-350. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. […]
Section 43-2-741 Time and manner of filing claims – Time allowed certain minors and persons of unsound mind. The provisions of section 43-2-740, as to the time within which claims are to be filed, do not apply to infants and persons of unsound mind who have no legal guardian at the time of the declaration […]
Section 43-2-742 Time and manner of filing claims – Claims verified in another state. When a claim against such estate is verified by the oath of a person out of this state, but within the United States, such oath may be made before a notary public, justice of the peace or any judge or clerk […]
Section 43-2-743 Time and manner of filing claims – Claims verified in foreign country. When such oath is taken out of the United States, it may be taken before any judge or clerk of a court of record, mayor or chief magistrate of any county, city, borough or town, notary public or diplomatic, consular or […]
Section 43-2-744 Receipt for claim; endorsement by judge. The judge of probate must, when required, give a receipt for such claim to the claimant, his agent or attorney and must endorse on the claim the day when the same was filed and sign his name thereto. (Code 1852, §1851; Code 1867, §2200; Code 1876, §2572; […]
Section 43-2-745 Claims docket. Such judge must keep a docket of all the claims thus filed, which must be at all times, during office hours, subject to the inspection of the administrator and creditors of, or any person interested in, the estate. (Code 1852, §1852; Code 1867, §2201; Code 1876, §2573; Code 1886, §2243; Code […]
Section 43-2-746 When claim allowed without further proof. If no opposition is made, in the manner provided in section 43-2-747, within six months after the time when the estate was declared insolvent, such claim must be allowed against the estate without further proof. (Code 1852, §1853; Code 1867, §2202; Code 1876, §2574; Code 1886, §2244; […]
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency, the administrator or any creditor, heir, legatee, devisee or distributee may object to the allowance of any claim filed against the estate by filing objections thereto in writing; and, thereupon, the court must cause an issue to be made up between […]
Section 43-2-748 Allowance of due part of claim. If a part only of such claim is found to be due, it must be allowed for that amount and the costs paid by either party, or in such proportion by either party as the court may direct. (Code 1852, §1855; Code 1867, §2204; Code 1876, §2576; […]
Section 43-2-749 Debt not due. Any creditor whose debt is not due must file the same as if due and thereupon must be considered as a creditor under this division; and he is entitled to his dividend or such an amount as, with the interest added from the time of payment to the maturity of […]
Section 43-2-750 Claim allowed after partial distribution. Any creditor of an insolvent estate, whose claim is allowed after a partial distribution, must be allowed out of the remaining assets of such estate, if sufficient, such an amount as will give him his just dividend. (Code 1852, §1863; Code 1867, §2212; Code 1876, §2584; Code 1886, […]
Section 43-2-751 Action by creditor to recover dividend. (a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him such an amount of the dividend he has received as shall be in the […]
