§44-8-7a. Jurisdiction of Court in Suits to Subject Real Estate of Decedents to Payment of Their Debts
In every suit under the preceding section, whether brought by the personal representative or by any creditor, or whether a general creditors’ suit is pending at the time of the death of the decedent, the court shall have general jurisdiction with all the powers of a court of equity, and shall have authority to construe […]
§44-8-8. Reference to Special Commissioner and Publication of Notice to Creditors in Such Suit
No decree for the distribution of the proceeds of the real estate of such deceased person among his creditors shall be made until a reference is made to a commissioner in chancery to ascertain and report all the liens on the real estate or any part thereof, the holders of such liens, the amount due […]
§44-8-9. Decree of Distribution; Claims Barred When
When such suit shall be fully matured for hearing and the report of any such commissioner shall have been confirmed, and the provisions of the preceding section shall have been fully complied with, the court may decree a distribution of the proceeds of such real estate among such of the creditors of the deceased as […]
§44-8-10. No Costs Recoverable In, and Injunction Against, Second Suit
After the commencement of any such suit as aforesaid, if any creditor of the deceased commence another suit, action or proceeding, upon a claim against him or his estate, no costs shall be recovered in such last-mentioned suit, action, or proceeding; and the court, or judge thereof in vacation, may enjoin the plaintiff therein from […]
§44-8-1. Sale, Conveyance and Management of Decedent’s Real Estate; Powers of Executor and Administrator With Will Annexed
Real estate devised to be sold shall, if no person other than the executor be appointed for the purpose, be sold and conveyed by the executor and the proceeds of sale, or the rents and profits of any real estate which the executor is authorized by the will to receive, shall be received by the […]
§44-8-2. Rents, Profits or Proceeds of Sale to Be Paid to Persons Entitled
It shall be one of the duties of an executor or administrator, by virtue of his office, and as such embraced by his official bond, faithfully to pay the rents and profits, or proceeds of sale, of real estate which may lawfully come to his hands or to the hands of any person for him […]
§44-8-3. Real Estate to Be Assets for Payment of Debts
All real estate of any person who may hereafter die, as to which he may die intestate, or which, though he die testate, shall not by his will be charged with or devised subject to the payment of his debts, or which may remain after satisfying the debts with which it may be so charged, […]
§44-8-4. By What Court Assets Administered
Such assets, so far as they may be in the hands of the personal representative of the decedent, may be administered by the court in whose clerk’s office there is or may be filed a report of the accounts of such representative, and of the debts and demands against the decedent’s estate, or they may, […]
§44-8-5. Liability of Heir or Devisee for Real Estate Conveyed; When Such Real Estate Not Liable
Any heir or devisee who shall sell and convey any real estate, which by this article is made assets, shall be liable to those entitled to be paid out of such assets, for the value thereof, with interest; in such case the estate conveyed shall not be liable, if at the time of the conveyance […]
§44-8-6. Heir or Devisee Liable in Equity; Judgment Against Personal Representative Prima Facie Evidence
An heir or devisee may be sued in equity by any creditor to whom a debt is due, for which the estate descended or devised is liable, or for which such heir or devisee is liable in respect to such estate; and he shall not be liable to an action at law for any matter […]