§ 33-18-28. Decree ratifying payment or delivery by fiduciary without order. If, without an order of court, an executor, administrator, or guardian pays or delivers any money or other property in his or her hands to a legatee, distributee, or ward, and thereafter renders an account, upon oath, with a full and detailed statement, to […]
§ 33-18-29. Deposit of unclaimed funds in court — Payment by court. If money, which a decree of a probate court has ordered to be paid over, remains for six (6) months unclaimed, the executor, administrator, or guardian who was ordered to pay over the money may deposit it in the registry of the probate […]
§ 33-18-3. Citation in action to remove fiduciary. Whenever complaint shall be made by any person interested in the estate, or by any creditor, or by the surety on the bond of any executor, administrator or guardian, for the removal of an executor, administrator or guardian, a citation shall issue to the executor, administrator or […]
§ 33-18-30. Delivery of funds, securities, or instruments into court for which fiduciary cannot give proper discharge. If an executor, administrator, or guardian holds any money, stock certificates, bond, or other chose in action payable or deliverable to a legatee, next of kin, ward, or other person, and the person entitled thereto cannot give a […]
§ 33-18-31. Hearing and decree on funds, securities, or instruments for which fiduciary cannot give proper discharge — Costs and expenses — Payment or delivery by court. Upon the filing of a petition, such notice of the time and place of hearing thereon shall be given as the court shall direct; and after a hearing […]
§ 33-18-4. Resignation of fiduciary. Whenever an executor, administrator, or guardian shall in writing resign his or her trust to the probate court having jurisdiction of the estate, the court may accept the resignation and, upon petition, appoint a successor, who shall have all the power that the person resigning had unless provision to the […]
§ 33-18-5. Appointment of new fiduciary — Powers of survivors — New bond. In case the person so resigning was the sole executor, administrator, or guardian, the court shall appoint an administrator or guardian as a successor; if he or she were a joint executor or joint testamentary guardian, the continuing executor or guardian, if […]
§ 33-18-6. Transfer of records and property to successor fiduciary — Action on bond. An administrator or guardian appointed to succeed an executor, administrator, or guardian shall demand and receive of the preceding executor, administrator, or guardian, his or her heirs, executors, or administrators, all the goods and effects, books of account, securities, documents, or […]
§ 33-18-7. Continuation of actions by or against successor fiduciary. Whenever an executor, administrator, or guardian, by or against whom any action concerning the estate of the testator, intestate or ward is prosecuted shall die, resign, or be removed, the action shall not thereby be abated, but the successor, if any, may come into court […]
§ 33-18-8. Judgment against fiduciary in continuation of action by or against decedent. If an executor, administrator, or guardian shall neglect to appear and take upon himself or herself the prosecution or defense of an action, suit, or proceeding as provided in § 33-9-24, being duly notified thereof by order of the court where the […]
§ 33-18-9. Appointment of agent by nonresident fiduciary. Every executor, administrator or guardian appointed in, but residing out of, the state shall, before entering upon the duties of his or her trust, appoint in writing an agent residing in this state, and shall by the writing agree that the service of any legal process against […]
