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Section 43-6-2 – Notice by Representative.

Section 43-6-2 Notice by representative. The personal representative of any person leaving property not devised or bequeathed, or where the devisees or legatees are incapable of taking and such representative is unable to ascertain any lawful heirs or distributees or persons capable of taking within six months after the grant of letters testamentary or of […]

Section 43-6-3 – Contents of Notice.

Section 43-6-3 Contents of notice. Such notice must contain the name of the deceased, as near as may be, a description of his person, the place where he was or is supposed to have been born, the place where he died, or was known to reside, and a description of the property of which he […]

Section 43-6-4 – Disposition of Personalty When No Heir Appears.

Section 43-6-4 Disposition of personalty when no heir appears. If no heir or person entitled to receive such estate appears or is ascertained within 12 months after such publication, the money and proceeds of the personal assets must be paid to the judge of probate, after deducting the expenses of administration. (Code 1852, §2067; Code […]

Section 43-6-5 – Disposition of Real Estate When No Heir Appears.

Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the publication of such notice, no heir or person entitled to receive such estate appears, the real estate must be sold by such personal representative, under the direction of the judge of probate of the county in which letters testamentary […]

Section 43-6-7 – Payment of Receipts to State Treasurer.

Section 43-6-7 Payment of receipts to state treasurer. The judge of probate must, within three months after the receipt thereof, pay to the treasurer all moneys he may receive under the provisions of this chapter, and, failing so to do, he is liable as a defaulter and also forfeits $300.00, one half to the state, […]

Section 43-6-9 – Duty of Probate Judge to Attend to Interest of State.

Section 43-6-9 Duty of probate judge to attend to interest of state. It is the official duty of the judge of probate of each county to attend to the interest of the state intended to be secured by the provisions of this chapter. (Code 1852, §2073; Code 1867, §2465; Code 1876, §2859; Code 1886, §1944; […]