Section 43-2-230 Applications for letters of administration. Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the place of his last domicile within this state shall be applied for, it shall be the duty of the judge of probate to […]
Section 43-2-231 Appointment of personal representative. It shall be lawful for the respective probate courts of this state to appoint a personal representative of the estates of persons who are presumed to be dead on account of absence for five or more years from the place of their last domicile within this state as provided […]
Section 43-2-232 Hearing. At the hearing, the probate court shall take such legal evidence as shall then be offered for the purpose of ascertaining whether the presumption of death is established, and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the supposed decedent or […]
Section 43-2-233 Publication of notice of presumption of death. If satisfied upon the hearing that the legal presumption of death is made out, the court shall so decree and shall forthwith cause notice thereof to be inserted for two successive weeks in a newspaper published in the county and also, when practicable, in a newspaper […]
Section 43-2-234 Issuance of letters of administration. If, within the period of said 12 weeks, evidence satisfactory to the probate court of the continuance in life of the said decedent shall not be forthcoming, it shall be the duty of the court to issue the letters of administration to the party thereto entitled, and the […]
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive – Distribution of assets. The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after which revocation all the powers of the administrator shall cease, but all receipts, disbursements […]
Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive – Substitution of parties; reopening judgments. After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgment […]
Section 43-2-237 Costs. The costs attending the issue of letters, or their revocation, shall be paid out of the estate of the supposed decedent. Costs arising upon an application for letters which shall not be granted shall be paid by the applicant. (Acts 1939, No. 46, p. 53; Code 1940, T. 61, §163.)
Section 43-2-238 Applicability of other laws relating to administration of decedents’ estates. All laws in this state with respect to procedure in the administration of estates of deceased persons which are not in conflict with the provisions of this article are made applicable to proceedings under this article. (Acts 1939, No. 46, p. 53; Code […]
