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Section 2-7-101 – Presumption of Death; How Estate Handled.

2-7-101. Presumption of death; how estate handled. When any person leaves his usual place of abode and is not seen or heard from by his relatives or other persons reasonably expected to hear from him for a period of seven (7) years, the person is presumed to be dead. If the person owned real or […]

Section 2-7-103 – Personal Representative to Take Possession of Estate.

2-7-103. Personal representative to take possession of estate. The personal representative shall take possession of all of the estate of the decedent, real and personal, and collect all debts due the decedent or the estate. For the purpose of bringing suit to quiet title or for partition of the estate, the possession of the personal […]

Section 2-7-106 – Actions Maintainable by or Against Personal Representatives; Actions for Waste by Representatives; Against Representatives.

2-7-106. Actions maintainable by or against personal representatives; actions for waste by representatives; against representatives. Any person or his personal representative may maintain an action against the personal representative of any testator or intestate who in his lifetime has wasted, destroyed, taken or carried away, or converted to his own use, the goods or chattels […]

Section 2-7-107 – Disposition of Partnership Business.

2-7-107. Disposition of partnership business. When a partnership exists between the decedent at the time of his death and any other person or persons, the surviving partner or partners may continue in possession of the partnership and settle its business, but the interest of the decedent in the partnership shall be included in the inventory […]

Section 2-7-108 – Actions on Bond of Former Representatives.

2-7-108. Actions on bond of former representatives. A personal representative may, in his own name, for the use and benefit of all parties interested in the estate, maintain actions on the bond of any former personal representative or special order for the same estate.

Section 2-7-109 – Compromise of Claims; Owed to Estate.

2-7-109. Compromise of claims; owed to estate. When it appears for the best interest of the estate, the fiduciary may, subject to approval of the court, effect a compromise with any debtor or other obligor, or extend, renew or in any other manner modify the terms of any obligation owing to the estate. If the […]

Section 2-7-110 – Compromise of Claims; Against Estate.

2-7-110. Compromise of claims; against estate. When a claim against an estate has been filed, or suit thereon is pending, the creditor and the fiduciary may, if it appears for the best interests of the estate, subject to approval of the court, compromise the claim, whether it is due or not due, absolute or contingent, […]