Section 26-5-1 Jurisdiction. The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator. (Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T. 21, §128; Acts 1987, No. 87-590, p. 975, §2-333(b).)
Section 26-5-10 Final settlement generally – Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where voucher or items rejected. On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and […]
Section 26-5-11 Final settlement generally – Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers. After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring the amount due the ward, if there be any […]
Section 26-5-12 Final consent settlement between conservator and ward. A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward’s incapacity or on removal of his or her ward’s disabilities of nonage by […]
Section 26-5-13 Determination, allowance, etc., of conservator’s and attorney’s fees generally – Annual, partial, or final settlements generally. Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which such conservator is entitled from an estate up to […]
Section 26-5-14 Determination, allowance, etc., of conservator’s and attorney’s fees generally – Final settlements. In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such conservators shall be entitled […]
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that […]
Section 26-5-16 Compensation of conservator – Commissions generally; allowances for actual expenses and for special or extraordinary services rendered; premiums on bond. A conservator is entitled for his or her services to reasonable compensation. On final settlement, an allowance must be made of actual expenses necessarily incurred by him or her and, for special or […]
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc. The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or against the personal representative of the conservator on a final settlement have the force and effect of […]
Section 26-5-2 Partial settlement – When required; filing of account and vouchers by conservator; appointment of guardian ad litem for ward. If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her […]
Section 26-5-3 Partial settlement – Establishment of day for settlement; notice thereof. The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for three successive weeks in a newspaper published in the county or for the same length of time by […]
Section 26-5-4 Partial settlement – Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where vouchers or items rejected. On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state […]
Section 26-5-5 Partial settlement – Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers. After the examination of the vouchers, and the audit and statement of the account, the court must render a decree passing the same and declaring the amount of the charge against the conservator and of […]
Section 26-5-6 Partial settlement – Presumption as to correctness upon final settlement; reexamination, etc., of items of account. Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if, on reexamination, it is found incorrect, the item must be disallowed or […]
Section 26-5-7 Final settlement generally – When required. On the death, resignation, or removal of the conservator or on the expiration of his or her authority otherwise or on the arrival of the ward at full age or on termination of the ward’s incapacity or on his or her death or on the marriage of […]
Section 26-5-8 Final settlement generally – Filing of account and vouchers by conservator; appointment of guardian ad litem for ward. The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers and verified by affidavit. Upon the filing of such account […]
Section 26-5-9 Final settlement generally – Establishment of day for settlement; notice thereof. The court must appoint a day for the settlement, of which 10 days’ notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the […]
