Article 1 General Provisions.
Section 43-2-1 Recordation of letters and bonds; transcripts as evidence.
Article 2 Grant of Letters Testamentary of Administration.
Division 1 Grant of Letters Testamentary.
Section 43-2-20 Generally.
Section 43-2-21 Form.
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.
Section 43-2-23 Issuance of letters to married woman.
Section 43-2-24 Supplemental letters for minors and married women upon removal of disability.
Section 43-2-25 Procedure for renouncing appointment.
Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to apply by one named.
Section 43-2-27 Letters of administration granted in stated order on failure of executor to apply, etc.
Section 43-2-28 Death of sole or surviving executor.
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
Division 2 Grant of Letters of Administration.
Section 43-2-40 Generally.
Section 43-2-41 Form.
Section 43-2-42 Order of grant of administration.
Section 43-2-43 Renunciation or relinquishment of right to administration.
Section 43-2-44 Grant of administration when more than one person entitled thereto; preference of whole blood over half blood.
Section 43-2-45 Letters not granted until five days after intestate's death; examination of applicants and witnesses.
Section 43-2-46 Postponing issuance of letters during time for appeal.
Section 43-2-47 Special administrator ad colligendum.
Section 43-2-48 Conclusiveness of letters.
Article 3 Notice of Appointment of Executors or Administrators.
Section 43-2-60 Generally; time of notice.
Section 43-2-61 Manner of giving notice.
Section 43-2-62 Penalty for failure to give notice.
Article 4 Bonds of Executors and Administrators.
Section 43-2-82 Liability of judge in taking bond.
Section 43-2-83 Discharge of surety; new bond.
Section 43-2-84 Bond of applicant when administration committed to general administrator or sheriff.
Section 43-2-85 Bond of general administrator.
Section 43-2-86 Additional bond of general administrator.
Section 43-2-87 Additional bond of sheriff.
Section 43-2-88 When sureties discharged by additional bond.
Section 43-2-89 Force and obligations of former bonds continued.
Section 43-2-90 Rights of sureties among themselves.
Section 43-2-91 Bonds valid and operative as statutory bonds.
Section 43-2-92 Conditional execution or delivery of bond.
Section 43-2-93 Reducing amount of bond.
Article 5 Liability of Executors and Administrators.
Section 43-2-110 Limits of liability generally.
Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or 25-6-3.
Section 43-2-112 Executor or administrator of decedent who wasted or converted another decedent's assets.
Section 43-2-113 Executor de son tort.
Section 43-2-114 Resignation as defense.
Article 6 Actions by and Against Executors and Administrators.
Division 1 General Provisions.
Section 43-2-130 Venue; service of process.
Section 43-2-131 Limitation on actions against executor or administrator.
Section 43-2-132 Actions begun by special administrator not abated.
Section 43-2-133 Succeeding executor or administrator to be made party to civil actions.
Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non.
Section 43-2-135 Actions against survivor of two or more executors or administrators.
Section 43-2-136 Survival of actions for damages to realty.
Section 43-2-137 Action on bond.
Section 43-2-138 Action by legatee to recover legacy.
Section 43-2-139 Inventory as evidence.
Division 2 Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives - Generally.
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties.
Section 43-2-152 Enforcement of judgment rendered against decedent before his death.
Section 43-2-153 Enforcement of judgment of circuit court against representative.
Section 43-2-154 Purchase of property sold under execution.
Section 43-2-155 Right of succeeding representative to execution.
Article 7 County or General Administrators.
Section 43-2-170 Appointment and duties generally; term of office.
Section 43-2-171 Time delay for committing administration of estate.
Section 43-2-172 Commitment of administration to sheriff.
Section 43-2-173 Resignation and removal - Generally.
Section 43-2-174 Resignation and removal - Appointment of successor.
Section 43-2-175 Record of official acts.
Article 8 Nonresidents as Executors and Administrators.
Section 43-2-190 Applications for letters testamentary or of administration.
Section 43-2-191 Appointment of nonresident executor - Generally.
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters testamentary; bond and surety.
Section 43-2-193 Appointment of nonresident administrator.
Section 43-2-194 Manner of administering and settling estate.
Section 43-2-195 Collection of debts and deposits by nonresident personal representative.
Section 43-2-196 Right to maintain actions.
Section 43-2-197 Liability to actions; venue.
Section 43-2-198 Service of process - Generally.
Section 43-2-199 Service of process - Citations or notices, etc.; return of process.
Section 43-2-200 Liability of sureties to execution.
Article 9 Foreign Executors and Administrators.
Section 43-2-210 Bond.
Section 43-2-211 Right to maintain actions and recover or receive property in state.
Section 43-2-212 Action not affected by grant of letters of administration in state; right of intervention.
Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211.
Section 43-2-214 Protection afforded by delivery of property or recovery of judgment.
Article 10 Administration of Estates of Persons Presumed Dead.
Section 43-2-230 Applications for letters of administration.
Section 43-2-231 Appointment of personal representative.
Section 43-2-232 Hearing.
Section 43-2-233 Publication of notice of presumption of death.
Section 43-2-234 Issuance of letters of administration.
Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution of parties; reopening judgments.
Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution of assets.
Section 43-2-237 Costs.
Section 43-2-238 Applicability of other laws relating to administration of decedents' estates.
Article 11 Administrators Ad Litem.
Section 43-2-250 Appointment.
Section 43-2-251 Decree in favor of administrator ad litem.
Section 43-2-252 Execution on money decree or judgment.
Section 43-2-253 Enforcement of decree or judgment for recovery of property.
Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.
Section 43-2-255 Duty of judge, clerk or register to make payment; penalty.
Section 43-2-256 Compensation of administrator ad litem.
Article 12 Resignation, Removal, etc., of Executors or Administrators.
Division 1 General Provisions.
Section 43-2-270 Filing and recordation of resignation.
Section 43-2-271 Liability for assets upon resignation.
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy.
Section 43-2-274 Appointment of administrator after final settlement.
Section 43-2-275 Removal of resident executor from state.
Division 2 Removal and Proceedings to Require New or Additional Bond.
Section 43-2-290 Causes of removal generally.
Section 43-2-291 Rights terminated by sentence of imprisonment.
Section 43-2-292 Additional bond may be required; removal for default.
Section 43-2-293 Application for removal or additional bond.
Section 43-2-294 Service of citation.
Section 43-2-295 Notice by publication.
Section 43-2-296 Trial.
Section 43-2-297 Costs.
Section 43-2-298 Order to give additional bond.
Section 43-2-299 Removal or additional bond on motion of court.
Article 13 Collection, Inventory, and Appraisement of Personal Property.
Section 43-2-311 Testator may exempt executor from filing inventory or making report or final settlement.
Section 43-2-312 Contents of inventory.
Section 43-2-313 Oath upon return of inventory.
Section 43-2-318 Exhibit showing condition of estate.
Article 14 Keeping Estates Together.
Section 43-2-330 Authorization by probate court to keep estate together; term.
Section 43-2-331 Extension of time upon showing of good cause.
Section 43-2-332 When distributed share kept and worked with undivided portion of estate.
Section 43-2-333 Payment of profits to share owners.
Section 43-2-334 Order authorizing hiring of laborers - Generally.
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing.
Section 43-2-336 Cultivation under direction of executor or administrator.
Section 43-2-337 Preceding sections not to be construed so as to conflict with will.
Section 43-2-338 Annual settlements.
Section 43-2-339 Certain rights not affected by provisions of article.
Article 15 Claims and Debts.
Division 1 Presentation.
Section 43-2-350 Time and manner of filing claims - Generally.
Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound mind.
Section 43-2-352 Verification of claims.
Section 43-2-353 Revival of pending action considered as presentation.
Section 43-2-354 Notice and hearing; judgment; costs; appeals.
Division 2 Payment and Preference.
Section 43-2-371 Order of preference.
Section 43-2-370 Property charged with payment of debts.
Section 43-2-372 No preference among debts of same class.
Section 43-2-373 Payment of claims barred by statute of limitations.
Section 43-2-374 When executor or administrator protected in payment of debts.
Section 43-2-375 Payment of debts not due.
Division 3 Sale, Compromise, and Settlement.
Section 43-2-390 Authorization to compromise or sell claims.
Section 43-2-391 Notice and hearing.
Section 43-2-392 Report.
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Section 43-2-394 Compounding with and discharge of debtor.
Article 16 Sale of Personal Property.
Section 43-2-410 Power of sale conferred.
Section 43-2-411 Notice of application.
Section 43-2-412 Contesting application.
Section 43-2-413 Notice of sale.
Section 43-2-414 Hours of sale.
Section 43-2-415 Terms of sale.
Section 43-2-416 When bid rejected and sale postponed.
Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.
Section 43-2-418 Completion, gathering and sale of crops commenced by decedent.
Section 43-2-419 Sale of farm products.
Section 43-2-420 Assignment or transfer of mortgages, notes or accounts.
Section 43-2-421 Stock in trade.
Section 43-2-422 Returns of accounts of sales.
Article 17 Renting and Sale of Real Estate.
Division 1 For Payment of Debts and for Division.
Section 43-2-441 Authorization to sell - Where will exists.
Section 43-2-440 Renting of lands.
Section 43-2-442 Authorization to sell - In case of intestacy.
Section 43-2-443 Authorization to sell - Sale for division.
Section 43-2-444 Application for sale.
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad litem.
Section 43-2-446 Notice to nonresidents.
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of shares.
Section 43-2-448 Duties and compensation of guardian ad litem and special guardian.
Section 43-2-450 Order of sale for payment of debts.
Section 43-2-451 Proof of facts on application to sell for division; order of sale.
Section 43-2-452 When depositions required.
Section 43-2-453 Evidence of title.
Section 43-2-454 Dismissal of application upon failure of proof.
Section 43-2-455 Advertisement of sale.
Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417.
Section 43-2-457 How purchase money secured.
Section 43-2-458 Place of sale.
Section 43-2-459 Report and examination of sale - Generally.
Section 43-2-460 Report and examination of sale - Notice and hearing.
Section 43-2-461 Setting aside sale; resale.
Section 43-2-462 Confirmation of sale.
Section 43-2-463 Report of payment of purchase money.
Section 43-2-464 Conveyance.
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale.
Section 43-2-467 Correction of mistake in description of lands sold.
Section 43-2-468 Sale or division of land received on compromise.
Division 2 Sale of Land for Payment of Legacies.
Section 43-2-480 Authorization to sell.
Section 43-2-481 Application for sale.
Section 43-2-482 Notice; proceedings; order of sale.
Article 18 Settlements and Distributions.
Division 1 General Provisions.
Section 43-2-500 When annual or partial settlement required.
Section 43-2-501 When final settlement may be made.
Section 43-2-502 Filing of account, etc. - Generally.
Section 43-2-503 Filing of account, etc. - Liability for failure to file statement.
Section 43-2-504 Appointment of guardian ad litem.
Section 43-2-505 Time for settlement; notice generally.
Section 43-2-506 Settlement by consent without notice.
Section 43-2-507 Auditing of account; proof of credits.
Section 43-2-508 Satisfaction of claims.
Section 43-2-509 Liability of executor or administrator for interest or profits.
Section 43-2-510 Credit for expenses of minor distributees.
Section 43-2-511 Contest of account - Generally.
Section 43-2-512 Contest of account - Showing of failure to discharge trust, etc.
Section 43-2-513 Contest of account - Examination of witnesses.
Section 43-2-514 Contest of account - Reduction or disallowance of item.
Section 43-2-515 Contest of account - Withdrawal of item.
Section 43-2-516 Decree passing account as stated.
Section 43-2-517 Appointment and compensation of special guardian.
Section 43-2-518 Reexamination of items included in previous settlements.
Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree; reopening account.
Division 2 Compelling Settlement by Existing Executor or Administrator.
Section 43-2-530 Authorization to compel settlement.
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate account.
Section 43-2-532 Proceedings on settlement of account.
Section 43-2-533 Setting aside decree.
Division 3 Compelling Settlement of Executor or Administrator Whose Authority Has Ceased.
Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator.
Section 43-2-551 Making succeeding executor or administrator party to settlement.
Section 43-2-552 Decree for balance - Generally.
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator; insolvent estates.
Section 43-2-554 When execution may be stayed.
Section 43-2-555 Stating account or compelling settlement by attachment.
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate account.
Section 43-2-557 Proceedings on final settlement of account.
Section 43-2-558 Setting aside decree.
Section 43-2-559 Other actions not barred.
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account and vouchers.
Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative of deceased executor or administrator party to settlement.
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement.
Section 43-2-563 Settlement by sureties of deceased executor or administrator - Conclusiveness of settlement.
Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against sureties.
Division 4 Compelling Payment of Legacies.
Section 43-2-580 When legatee or widow entitled to compel payment.
Section 43-2-581 Application.
Section 43-2-582 Time for hearing; notice to executor or administrator.
Section 43-2-583 Conduct of hearing; when payment or delivery directed.
Section 43-2-584 Refunding bond.
Section 43-2-585 Enforcement of payment or delivery.
Section 43-2-586 Applicability of sections 43-2-581 through 43-2-585 to widow.
Division 5 Arbitration on Settlement of Estates.
Section 43-2-600 When matters of controversy may be referred to arbitration.
Section 43-2-601 Consent by guardian.
Section 43-2-602 Appointment of arbitrators.
Section 43-2-603 Award - Generally.
Section 43-2-604 Award - Force and effect; execution.
Section 43-2-605 Award - Setting aside; second reference.
Section 43-2-606 Award - Objections.
Section 43-2-607 Applicability of certain sections in Title 6.
Division 6 Distribution or Division on Final Settlement.
Section 43-2-620 Orders of distribution - Generally.
Section 43-2-621 Orders of distribution - To whom directed; contents.
Section 43-2-622 Orders of distribution - Oath; return; exceptions to report.
Section 43-2-623 Confirming or setting aside distribution; when sale may be directed.
Section 43-2-624 How sale advertised and made.
Section 43-2-625 Delivery of property upon confirmation.
Section 43-2-626 Division, sale or assignment of judgments or claims.
Section 43-2-627 Setting off indebtedness of distributee or legatee.
Section 43-2-628 Discharge of executor or administrator from liability.
Section 43-2-629 Disposition of personal estate of foreign decedent.
Division 7 Distribution Before Settlement.
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
Section 43-2-641 Authorization to make distribution - Distribution by court after six months from grant of letters.
Section 43-2-642 Contents of application.
Section 43-2-643 Time for hearing; notice.
Section 43-2-644 When distribution made; limit on amount.
Section 43-2-646 Refunding bonds - Recordation; transcript as evidence.
Section 43-2-645 Refunding bonds - Required; terms and conditions.
Section 43-2-647 Refunding bonds - Bond stands as security; action on bond.
Section 43-2-648 Refunding bonds - Rights of parties among themselves.
Section 43-2-649 Costs.
Division 8 Presumption of Settlement After 20 Years.
Section 43-2-660 When presumption arises.
Section 43-2-661 Petition to establish presumption.
Section 43-2-662 Notice of hearing on petition.
Section 43-2-663 Contest.
Section 43-2-664 Order after hearing.
Division 9 Compensation, Commissions, Fees, etc.
Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement.
Section 43-2-683 Previous fees considered upon final settlement.
Division 10 Summary Distribution of Small Estates.
Section 43-2-690 Short title.
Section 43-2-691 Definitions.
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled to personal property without administration.
Section 43-2-693 Entry of order directing summary distribution.
Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or distributees.
Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees.
Section 43-2-696 Effect of transfer pursuant to affidavit.
Article 19 Insolvent Estates.
Division 1 General Provisions.
Section 43-2-700 Order and preference of payment of debts.
Section 43-2-701 Report of insolvency - Generally.
Section 43-2-702 Report of insolvency - Statement to be filed with report.
Section 43-2-703 Report of insolvency - Affidavit accompanying report and statement.
Section 43-2-704 Time for hearing; notice of hearing.
Section 43-2-705 Trial of issue of insolvency to be by jury.
Section 43-2-706 Payment of costs.
Section 43-2-707 Declaration of insolvency.
Section 43-2-708 Second declaration by succeeding administrator not necessary.
Section 43-2-709 Appeals.
Division 2 Nomination and Election of Administrators of Insolvent Estates.
Section 43-2-720 When creditors may make nomination; who may be nominated.
Section 43-2-721 Voting procedure generally; proof of claims required.
Section 43-2-722 Person receiving plurality appointed administrator.
Section 43-2-723 Discretion of court upon failure of creditors to attend.
Section 43-2-724 Former letters revoked upon appointment; property vested in administrator.
Section 43-2-725 Vacancy.
Division 3 Filing and Allowing Claims Against Insolvent Estates.
Section 43-2-740 Time and manner of filing claims - Generally.
Section 43-2-741 Time and manner of filing claims - Time allowed certain minors and persons of unsound mind.
Section 43-2-742 Time and manner of filing claims - Claims verified in another state.
Section 43-2-743 Time and manner of filing claims - Claims verified in foreign country.
Section 43-2-744 Receipt for claim; endorsement by judge.
Section 43-2-745 Claims docket.
Section 43-2-746 When claim allowed without further proof.
Section 43-2-747 Objections.
Section 43-2-748 Allowance of due part of claim.
Section 43-2-749 Debt not due.
Section 43-2-750 Claim allowed after partial distribution.
Section 43-2-751 Action by creditor to recover dividend.
Division 4 Settlement of Insolvent Estates.
Section 43-2-770 When settlement must be made.
Section 43-2-771 Decree.
Division 5 Sale of and Actions for Lands of Insolvent Estates.
Section 43-2-790 Application for order for sale - Generally.
Section 43-2-791 Application for order for sale - Form and contents; verification; notice to heirs and devisees.
Section 43-2-792 Action by administrator for recovery of lands.
Division 6 Report or Decree of Insolvency as Affecting Pending Civil Actions.
Section 43-2-810 Continuance upon showing of insolvency.
Section 43-2-811 Special plea of insolvency.
Section 43-2-812 Judgment certified to probate court; execution for costs.
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered.
Article 20 Probate Procedure Act.
Section 43-2-830 Devolution of estate at death; restrictions.
Section 43-2-831 Time of accrual of duties and powers.
Section 43-2-832 Priority among different letters.
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing to sue.
Section 43-2-834 Personal representative to proceed without court order; exception.
Section 43-2-835 Duty of personal representative; inventory and appraisement.
Section 43-2-836 Duty of personal representative; supplementary inventory.
Section 43-2-837 Duty of personal representative; possession of estate.
Section 43-2-838 Power to avoid transfers.
Section 43-2-839 Powers of personal representatives; in general.
Section 43-2-840 Improper exercise of power; breach of fiduciary duty.
Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.
Section 43-2-842 Persons dealing with personal representative; protection.
Section 43-2-843 Transactions authorized for personal representatives; exceptions.
Section 43-2-844 Transactions authorized for personal representatives; prior court approval.
Section 43-2-845 Powers and duties of successor personal representative.
Section 43-2-846 Co-representatives; when joint action required.
Section 43-2-847 Powers of surviving personal representative.
Section 43-2-848 Compensation of personal representative.
Section 43-2-849 Expenses in estate litigation.
Section 43-2-850 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.
Section 43-2-851 Bond.
Section 43-2-852 Terms and requirements of bonds.
Section 43-2-853 Application to existing estates.
Section 43-2-854 Avoiding conflicts of law.