CHAPTER 7 - ADMINISTRATION OF ESTATES GENERALLY
- ARTICLE 1 - POWERS AND DUTIES GENERALLY
- ยง 53-7-1 - (Pre-1998 Probate Code) Powers of executor upon probate in common form prior to recordation and qualification; bond
- ยง 53-7-10 - (Pre-1998 Probate Code) Provision of legal counsel; petition for fees and expenses; notice; appeal
- ยง 53-7-11 - (Pre-1998 Probate Code) Continuance of business of decedent; petition; giving of notice; waiver of notice
- ยง 53-7-12 - (Pre-1998 Probate Code) Disposition of income of estate received by executor during administration
- ยง 53-7-13 - (Pre-1998 Probate Code) Expenditures for maintenance and education of minor heirs without guardians
- ยง 53-7-2 - (Pre-1998 Probate Code) Administration of entire estate by executor or administrator with will annexed; distribution of residuum
- ยง 53-7-3 - (Pre-1998 Probate Code) Powers and immunities of administrator with will annexed
- ยง 53-7-4 - (Pre-1998 Probate Code) Powers and duties of temporary administrators and executors pending trial of caveats; order of probate court; notice
- ยง 53-7-5 - (Pre-1998 Probate Code) Authority and powers when several executors named in will; liability
- ยง 53-7-6 - (Pre-1998 Probate Code) Right of survivorship between administrators or executors
- ยง 53-7-7 - (Pre-1998 Probate Code) Right to borrow money and bind estate; petition; publication of notice; objections; hearing and order; effect of order; appeal
- ยง 53-7-8 - (Pre-1998 Probate Code) Contracts for labor or service; approval of probate court
- ยง 53-7-9 - (Pre-1998 Probate Code) Rights and duties of administrator or executor as to contracts made by decedent
- ARTICLE 2 - ACTIONS AGAINST PERSONAL REPRESENTATIVES
- ยง 53-7-30 - (Pre-1998 Probate Code) Administrators' bond and security -- Amount; payee; condition as to faithful discharge of duties; sufficiency of substantial compliance; law governing executor's
- ยง 53-7-31 - (Pre-1998 Probate Code) Administrators' bond and security -- Recordation and filing by judge of probate court
- ยง 53-7-32 - (Pre-1998 Probate Code) Requirement as to bond of executor generally; revocation of letters upon failure of executor to show cause; rules and regulations as to executors who give bond
- ยง 53-7-32.1 - (Pre-1998 Probate Code) Term of bond; discharge of surety
- ยง 53-7-33 - (Pre-1998 Probate Code) Relief of banks and trust companies from giving bond; effect of bonds previously given
- ยง 53-7-34 - (Pre-1998 Probate Code) Bond may be given in an amount equal to value of the estate
- ยง 53-7-35 - (Pre-1998 Probate Code) Determination of value of estate for purpose of giving bond
- ยง 53-7-36 - (Pre-1998 Probate Code) Reduction of bond when value of estate decreased; effect on liability of surety for prior misconduct of fiduciary
- ยง 53-7-37 - (Pre-1998 Probate Code) Petition to require administrator to give bond and security or be removed; name of person willing to take administration; service; hearing; order; time for compli
- ยง 53-7-38 - (Pre-1998 Probate Code) Applicability to sureties on administrator's bond of provisions relating to sureties on guardian's bond
- ยง 53-7-39 - (Pre-1998 Probate Code) Administrator or executor and sureties as joint and several obligors; actions on bond; parties
- ยง 53-7-40 - (Pre-1998 Probate Code) Liability on common bond of two or more administrators or executors
- ยง 53-7-41 - (Pre-1998 Probate Code) Liability of sureties on bond of removed administrator or executor
- ยง 53-7-42 - (Pre-1998 Probate Code) Effect of service on remaining administrators or executors when one or more leaves state
- ยง 53-7-43 - (Pre-1998 Probate Code) Survival of action against joint administrators or executors
- ยง 53-7-44 - (Pre-1998 Probate Code) Substitution of administrator in action against removed executor or administrator
- ยง 53-7-45 - (Pre-1998 Probate Code) Action on bond in first instance for failure to settle and account with distributee or legatee
- ยง 53-7-46 - (Pre-1998 Probate Code) Actions upon bond against sureties in first instance
- ยง 53-7-47 - (Pre-1998 Probate Code) Action on bond on return of nulla bona on execution for liability of decedent; judgment against principal and sureties; judgment against sureties alone
- ยง 53-7-48 - (Pre-1998 Probate Code) Defenses in actions against administrators and executors as such
- ยง 53-7-49 - (Pre-1998 Probate Code) Defenses by executor or administrator when cause of action arose in lifetime of decedent
- ยง 53-7-50 - (Pre-1998 Probate Code) Property upon which levy may be made on judgment on fiduciary's bond
- ยง 53-7-51 - (Pre-1998 Probate Code) Levying of execution in first instance against property of principal upon recovery of judgment against administrator or executor; prerequisite to levying against
- ยง 53-7-52 - (Pre-1998 Probate Code) Against what property judgments against executors or administrators levied
- ARTICLE 3 - INVENTORY
- ยง 53-7-70 - (Pre-1998 Probate Code) Issuance of warrant of appraisement; contents of warrant
- ยง 53-7-71 - (Pre-1998 Probate Code) Timely request by heir or creditor as prerequisite to appraisement
- ยง 53-7-72 - (Pre-1998 Probate Code) Oath of appraisers
- ยง 53-7-73 - (Pre-1998 Probate Code) Time of execution of warrant of appraisement; recordation of reasons for delay
- ยง 53-7-74 - (Pre-1998 Probate Code) Written return of appraisers; certification; delivery
- ยง 53-7-75 - (Pre-1998 Probate Code) Duty of administrator or executor to make inventory; exhibition to appraisers; return to probate court; oath
- ยง 53-7-76 - (Pre-1998 Probate Code) Making of inventory jointly by administrators or executors; effect of inventory as to proof of joint possession of assets
- ยง 53-7-77 - (Pre-1998 Probate Code) Inclusion of administrator's or executor's debts to estate and partnership interests in inventory
- ยง 53-7-78 - (Pre-1998 Probate Code) Failure of administrator or executor to return inventory and appraisement as ground for removal
- ยง 53-7-79 - (Pre-1998 Probate Code) Power of testator to provide for dispensing with making inventory or returns
- ARTICLE 4 - CLAIMS AGAINST OR IN FAVOR OF ESTATE
- ยง 53-7-100 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Payment of costs
- ยง 53-7-101 - (Pre-1998 Probate Code) Duty of administrator or executor to recover debts due estate; effect of neglect or indulgence
- ยง 53-7-102 - (Pre-1998 Probate Code) Time of commencement of actions for recovery of decedent's debts; application to administrator de bonis non; substitution of administrator de bonis non in pendin
- ยง 53-7-103 - (Pre-1998 Probate Code) Action by temporary administrator to collect debts or recover personalty; substitution of permanent administrator
- ยง 53-7-104 - (Pre-1998 Probate Code) Prosecution of claim by distributee or creditor; distribution of proceeds by administrator or executor
- ยง 53-7-105 - (Pre-1998 Probate Code) Compromise of claim in favor of estate when debtor delivers all property for use of creditors; order of probate court
- ยง 53-7-106 - (Pre-1998 Probate Code) Compromise of debts belonging to estate the collection of which is doubtful; order directing compromise; oath
- ยง 53-7-107 - (Pre-1998 Probate Code) Compromise of doubtful claims for or against estate generally; arbitration; release of debtor; appointment of attorney in fact
- ยง 53-7-90 - (Pre-1998 Probate Code) Liability of estate for debts of decedent; application of property in event of will
- ยง 53-7-91 - (Pre-1998 Probate Code) Priority of claims against estate
- ยง 53-7-92 - (Pre-1998 Probate Code) Notice to creditors to render accounts; publication; effect of failure of creditors to file claims in time
- ยง 53-7-93 - (Pre-1998 Probate Code) Time of payment of debts of estate; partial payments and successive dividends; procedure when administrator or executor is creditor
- ยง 53-7-94 - (Pre-1998 Probate Code) Revival of claims barred by statute of limitations; personal liability of administrator or executor for payment upon proof that claim was unjust
- ยง 53-7-95 - (Pre-1998 Probate Code) Compelling heirs to contribute to payment of debt
- ยง 53-7-96 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Parties to action; attachment of copy of bond or con
- ยง 53-7-97 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Notice; publication; objections; hearing; order; app
- ยง 53-7-98 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Application by heirs of deceased vendee for order ma
- ยง 53-7-99 - (Pre-1998 Probate Code) Actions to compel making of title according to terms of bond to make title or of contract for sale of land -- Procedure when both vendor and vendee are deceased
- ARTICLE 5 - DISCHARGE AND RESIGNATION
- ยง 53-7-120 - (Pre-1998 Probate Code) Removal of trust to county of residence of administrator or executor generally
- ยง 53-7-121 - (Pre-1998 Probate Code) Removal of action for settlement of accounts to county of residence of administrator or executor; procedure
- ยง 53-7-122 - (Pre-1998 Probate Code) Bond requirements as to executor who removes trust to another county
- ยง 53-7-123 - (Pre-1998 Probate Code) Liability of sureties on first and second bonds; right of contribution
- ARTICLE 6 - SETTLEMENT OF ACCOUNTS
- ยง 53-7-140 - (Pre-1998 Probate Code) Petition by administrator or executor for discharge; issuance and publication of citation
- ยง 53-7-141 - (Pre-1998 Probate Code) Hearing on petition for discharge; examination by judge of probate court; order of discharge; effect as to minor heir, distributee, or legatee
- ยง 53-7-142 - (Pre-1998 Probate Code) Disposition of unclaimed funds when discharge granted; liability of administrator or executor and sureties
- ยง 53-7-143 - (Pre-1998 Probate Code) Petition of administrator or executor for discharge after six months; issuance and publication of citation; hearing; examination by judge of probate court; effec
- ยง 53-7-144 - (Pre-1998 Probate Code) Discharge of temporary administrator when no permanent administrator appointed
- ยง 53-7-145 - (Pre-1998 Probate Code) Petition of executor for discharge when relieved by will of duty of making return; issuance and publication of citation; letters of dismission; petition by admin
- ยง 53-7-146 - (Pre-1998 Probate Code) Grant of letters of dismission without administration of reversionary interest in dower lands; appointment of administrator de bonis non
- ยง 53-7-147 - (Pre-1998 Probate Code) Fraudulent discharge of administrator or executor void
- ยง 53-7-148 - (Pre-1998 Probate Code) Procedure upon mismanagement or default of administrator or executor; judicial action
- ยง 53-7-149 - (Pre-1998 Probate Code) Resignation of administrator or executor; petition; citation; hearing; settlement with successor; effect on rights of minor heirs
- ARTICLE 7 - SETTLEMENT OF ACCOUNTS