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Section 43-2-660 – When Presumption Arises.

Section 43-2-660 When presumption arises. When the administration of the estate of a deceased person shall be pending in any court, and the records of such court shall show that letters testamentary or letters of administration on such estate were issued and that 20 years or more have elapsed since six months after such letters […]

Section 43-2-661 – Petition to Establish Presumption.

Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on the bond of the executor or administrator of said estate, or the heirs or next of kin of such executor, administrator or surety may file a petition or complaint, verified by affidavits, in the court in which such a cause is pending, alleging […]

Section 43-2-662 – Notice of Hearing on Petition.

Section 43-2-662 Notice of hearing on petition. Such notice must state the name of the executor or administrator, the name of the deceased and the day appointed for the hearing of the petition or complaint. If all heirs and legatees are of age and waive publication in a newspaper, notice must, in such case be […]

Section 43-2-663 – Contest.

Section 43-2-663 Contest. Any person interested may appear and contest any statement in the petition or complaint and may examine the parties or any other witness and may introduce any legal evidence in support of his contest. (Acts 1953, No. 687, p. 939, §5.)

Section 43-2-664 – Order After Hearing.

Section 43-2-664 Order after hearing. Should the court find the allegations of the petition or complaint to be true, it shall enter an order, decree or judgment in said cause discharging the executor or the administrator and the sureties on their official bonds from all liability growing out of the administration of said estate. Should […]