§ 31‑36. Effect ofcaveat on estate administration.
(a) Order of Clerk. Wherea caveat is entered and bond given, the clerk of the superior court shallforthwith issue an order that shall apply during the pendency of the caveat toany personal representative, having the estate in charge, as follows:
(1) Distributions tobeneficiaries. That there shall be no distributions of assets of the estateto any beneficiary;
(2) Commissions. Thatno commissions shall be advanced or awarded to any personal representative;
(3) Accountings. Thatthe personal representative shall file all accountings required by the clerk ofsuperior court and that the personal representative may pay any applicablefiling fees associated with those accountings from the assets of the estate;
(4) Preservation ofestate assets. That the personal representative shall preserve the propertyof the estate and that the personal representative is authorized to pursue andprosecute claims that the estate may have against others; and
(5) Taxes, claims anddebts of estate. That the personal representative may file all appropriatetax returns and that the personal representative may pay, in accordance withthe procedures of subsection (b) of this section: taxes; funeral expenses ofthe decedent; debts that are a lien upon the property of the decedent; bills ofthe decedent accrued before death; claims against the estate that are timelyfiled; professional fees related to administration of the estate, includingfees for tax return preparation, appraisal fees, and attorneys' fees for estateadministration.
(b) Procedures. Inregard to payment of any of the items listed in subdivision (5) of subsection(a) of this section, the personal representative shall file with the clerk anotice of the personal representative's intent to pay those items and shallserve the notice upon all parties to the caveat, pursuant to Rule 4 of theRules of Civil Procedure. If within 10 days of service any party files with theclerk a written objection to that payment, the clerk shall schedule a hearingand determine whether the proposed payment shall be made. If no such objectionis filed with the clerk, the clerk may approve the payment without hearing, andupon that approval, the personal representative may make the payment. Theparties to the caveat may consent to any such payment, and upon such consent,the clerk may approve the payment without hearing. The clerk may defer rulingon the payment pending the resolution of the caveat.
(c) Preservation ofEstate Assets. Questions regarding the use, location, and disposition ofassets that cannot be resolved by the parties and consented to by the clerkshall be decided by the clerk. When a question has not been resolved byagreement, either party may request a hearing before the clerk upon 10 daysnotice and shall serve the notice upon all parties to the caveat, pursuant toRule 4 of the Rules of Civil Procedure. Decisions of the clerk may be appealedto the superior court. (C.C.P., s. 448; Code, s. 2160; Rev., s. 3137; C.S., s. 4161; 1927, c.119; 2009‑131, s. 1.)
§ 31‑36. Effect ofcaveat on estate administration.
(a) Order of Clerk. Wherea caveat is entered and bond given, the clerk of the superior court shallforthwith issue an order that shall apply during the pendency of the caveat toany personal representative, having the estate in charge, as follows:
(1) Distributions tobeneficiaries. That there shall be no distributions of assets of the estateto any beneficiary;
(2) Commissions. Thatno commissions shall be advanced or awarded to any personal representative;
(3) Accountings. Thatthe personal representative shall file all accountings required by the clerk ofsuperior court and that the personal representative may pay any applicablefiling fees associated with those accountings from the assets of the estate;
(4) Preservation ofestate assets. That the personal representative shall preserve the propertyof the estate and that the personal representative is authorized to pursue andprosecute claims that the estate may have against others; and
(5) Taxes, claims anddebts of estate. That the personal representative may file all appropriatetax returns and that the personal representative may pay, in accordance withthe procedures of subsection (b) of this section: taxes; funeral expenses ofthe decedent; debts that are a lien upon the property of the decedent; bills ofthe decedent accrued before death; claims against the estate that are timelyfiled; professional fees related to administration of the estate, includingfees for tax return preparation, appraisal fees, and attorneys' fees for estateadministration.
(b) Procedures. Inregard to payment of any of the items listed in subdivision (5) of subsection(a) of this section, the personal representative shall file with the clerk anotice of the personal representative's intent to pay those items and shallserve the notice upon all parties to the caveat, pursuant to Rule 4 of theRules of Civil Procedure. If within 10 days of service any party files with theclerk a written objection to that payment, the clerk shall schedule a hearingand determine whether the proposed payment shall be made. If no such objectionis filed with the clerk, the clerk may approve the payment without hearing, andupon that approval, the personal representative may make the payment. Theparties to the caveat may consent to any such payment, and upon such consent,the clerk may approve the payment without hearing. The clerk may defer rulingon the payment pending the resolution of the caveat.
(c) Preservation ofEstate Assets. Questions regarding the use, location, and disposition ofassets that cannot be resolved by the parties and consented to by the clerkshall be decided by the clerk. When a question has not been resolved byagreement, either party may request a hearing before the clerk upon 10 daysnotice and shall serve the notice upon all parties to the caveat, pursuant toRule 4 of the Rules of Civil Procedure. Decisions of the clerk may be appealedto the superior court. (C.C.P., s. 448; Code, s. 2160; Rev., s. 3137; C.S., s. 4161; 1927, c.119; 2009‑131, s. 1.)
§ 31‑36. Effect ofcaveat on estate administration.
(a) Order of Clerk. Wherea caveat is entered and bond given, the clerk of the superior court shallforthwith issue an order that shall apply during the pendency of the caveat toany personal representative, having the estate in charge, as follows:
(1) Distributions tobeneficiaries. That there shall be no distributions of assets of the estateto any beneficiary;
(2) Commissions. Thatno commissions shall be advanced or awarded to any personal representative;
(3) Accountings. Thatthe personal representative shall file all accountings required by the clerk ofsuperior court and that the personal representative may pay any applicablefiling fees associated with those accountings from the assets of the estate;
(4) Preservation ofestate assets. That the personal representative shall preserve the propertyof the estate and that the personal representative is authorized to pursue andprosecute claims that the estate may have against others; and
(5) Taxes, claims anddebts of estate. That the personal representative may file all appropriatetax returns and that the personal representative may pay, in accordance withthe procedures of subsection (b) of this section: taxes; funeral expenses ofthe decedent; debts that are a lien upon the property of the decedent; bills ofthe decedent accrued before death; claims against the estate that are timelyfiled; professional fees related to administration of the estate, includingfees for tax return preparation, appraisal fees, and attorneys' fees for estateadministration.
(b) Procedures. Inregard to payment of any of the items listed in subdivision (5) of subsection(a) of this section, the personal representative shall file with the clerk anotice of the personal representative's intent to pay those items and shallserve the notice upon all parties to the caveat, pursuant to Rule 4 of theRules of Civil Procedure. If within 10 days of service any party files with theclerk a written objection to that payment, the clerk shall schedule a hearingand determine whether the proposed payment shall be made. If no such objectionis filed with the clerk, the clerk may approve the payment without hearing, andupon that approval, the personal representative may make the payment. Theparties to the caveat may consent to any such payment, and upon such consent,the clerk may approve the payment without hearing. The clerk may defer rulingon the payment pending the resolution of the caveat.
(c) Preservation ofEstate Assets. Questions regarding the use, location, and disposition ofassets that cannot be resolved by the parties and consented to by the clerkshall be decided by the clerk. When a question has not been resolved byagreement, either party may request a hearing before the clerk upon 10 daysnotice and shall serve the notice upon all parties to the caveat, pursuant toRule 4 of the Rules of Civil Procedure. Decisions of the clerk may be appealedto the superior court. (C.C.P., s. 448; Code, s. 2160; Rev., s. 3137; C.S., s. 4161; 1927, c.119; 2009‑131, s. 1.)
