Article 1. General Provisions.

§ 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.

§ 43-2-20. Generally.

§ 43-2-21. Form.

§ 43-2-22. Disqualification of certain persons to serve as executor or administrator.

§ 43-2-23. Issuance of letters to married woman.

§ 43-2-24. Supplemental letters for minors and married women upon removal of disability.

§ 43-2-25. Procedure for renouncing appointment.

§ 43-2-26. Issuance of letters to others named in will upon renunciation or failure to apply by one named.

§ 43-2-27. Letters of administration granted in stated order on failure of executor to apply, etc.

§ 43-2-28. Death of sole or surviving executor.

§ 43-2-29. Grant of letters testamentary after revocation of letters of administration.

Division 2. Grant of Letters of Administration.

§ 43-2-40. Generally.

§ 43-2-41. Form.

§ 43-2-42. Order of grant of administration.

§ 43-2-43. Renunciation or relinquishment of right to administration.

§ 43-2-44. Grant of administration when more than one person entitled thereto; preference of whole blood over half blood.

§ 43-2-45. Letters not granted until five days after intestate's death; examination of applicants and witnesses.

§ 43-2-46. Postponing issuance of letters during time for appeal.

§ 43-2-47. Special administrator ad colligendum.

§ 43-2-48. Conclusiveness of letters.

Article 3. Notice of Appointment of Executors or Administrators.

§ 43-2-60. Generally; time of notice.

§ 43-2-61. Manner of giving notice.

§ 43-2-62. Penalty for failure to give notice.

Article 4. Bonds of Executors and Administrators.

§ 43-2-82. Liability of judge in taking bond.

§ 43-2-83. Discharge of surety; new bond.

§ 43-2-84. Bond of applicant when administration committed to general administrator or sheriff.

§ 43-2-85. Bond of general administrator.

§ 43-2-86. Additional bond of general administrator.

§ 43-2-87. Additional bond of sheriff.

§ 43-2-88. When sureties discharged by additional bond.

§ 43-2-89. Force and obligations of former bonds continued.

§ 43-2-90. Rights of sureties among themselves.

§ 43-2-91. Bonds valid and operative as statutory bonds.

§ 43-2-92. Conditional execution or delivery of bond.

§ 43-2-93. Reducing amount of bond.

Article 5. Liability of Executors and Administrators.

§ 43-2-110. Limits of liability generally.

§ 43-2-111. Liability for damages recovered under sections 6-5-391, 6-5-410 or 25-6-3.

§ 43-2-112. Executor or administrator of decedent who wasted or converted another decedent's assets.

§ 43-2-113. Executor de son tort.

§ 43-2-114. Resignation as defense.

Article 6. Actions by and Against Executors and Administrators.

Division 1. General Provisions.

§ 43-2-130. Venue; service of process.

§ 43-2-131. Limitation on actions against executor or administrator.

§ 43-2-132. Actions begun by special administrator not abated.

§ 43-2-133. Succeeding executor or administrator to be made party to civil actions.

§ 43-2-134. Judgments against administrators in chief revived against administrators de bonis non.

§ 43-2-135. Actions against survivor of two or more executors or administrators.

§ 43-2-136. Survival of actions for damages to realty.

§ 43-2-137. Action on bond.

§ 43-2-138. Action by legatee to recover legacy.

§ 43-2-139. Inventory as evidence.

Division 2. Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.

§ 43-2-150. Enforcement of judgments, etc., of probate court against representatives - Generally.

§ 43-2-151. Enforcement of judgments, etc., of probate court against representatives - Liability of sureties.

§ 43-2-152. Enforcement of judgment rendered against decedent before his death.

§ 43-2-153. Enforcement of judgment of circuit court against representative.

§ 43-2-154. Purchase of property sold under execution.

§ 43-2-155. Right of succeeding representative to execution.

Article 7. County or General Administrators.

§ 43-2-170. Appointment and duties generally; term of office.

§ 43-2-171. Time delay for committing administration of estate.

§ 43-2-172. Commitment of administration to sheriff.

§ 43-2-173. Resignation and removal - Generally.

§ 43-2-174. Resignation and removal - Appointment of successor.

§ 43-2-175. Record of official acts.

Article 8. Nonresidents as Executors and Administrators.

§ 43-2-190. Applications for letters testamentary or of administration.

§ 43-2-191. Appointment of nonresident executor - Generally.

§ 43-2-192. Appointment of nonresident executor - Filing of copies of will and letters testamentary; bond and surety.

§ 43-2-193. Appointment of nonresident administrator.

§ 43-2-194. Manner of administering and settling estate.

§ 43-2-195. Collection of debts and deposits by nonresident personal representative.

§ 43-2-196. Right to maintain actions.

§ 43-2-197. Liability to actions; venue.

§ 43-2-198. Service of process - Generally.

§ 43-2-199. Service of process — Citations or notices, etc.; return of process.

§ 43-2-200. Liability of sureties to execution.

Article 9. Foreign Executors and Administrators.

§ 43-2-210. Bond.

§ 43-2-211. Right to maintain actions and recover or receive property in state.

§ 43-2-212. Action not affected by grant of letters of administration in state; right of intervention.

§ 43-2-213. Plaintiff required to prove compliance with section 43-2-211.

§ 43-2-214. Protection afforded by delivery of property or recovery of judgment.

Article 10. Administration of Estates of Persons Presumed Dead.

§ 43-2-230. Applications for letters of administration.

§ 43-2-231. Appointment of personal representative.

§ 43-2-232. Hearing.

§ 43-2-233. Publication of notice of presumption of death.

§ 43-2-234. Issuance of letters of administration.

§ 43-2-236. Revocation of letters upon proof that supposed decedent is alive - Substitution of parties; reopening judgments.

§ 43-2-235. Revocation of letters upon proof that supposed decedent is alive - Distribution of assets.

§ 43-2-237. Costs.

§ 43-2-238. Applicability of other laws relating to administration of decedents' estates.

Article 11. Administrators Ad Litem.

§ 43-2-250. Appointment.

§ 43-2-251. Decree in favor of administrator ad litem.

§ 43-2-252. Execution on money decree or judgment.

§ 43-2-253. Enforcement of decree or judgment for recovery of property.

§ 43-2-254. Enforcement of decree or judgment when administrator adversely interested.

§ 43-2-255. Duty of judge, clerk or register to make payment; penalty.

§ 43-2-256. Compensation of administrator ad litem.

Article 12. Resignation, Removal, etc., of Executors or Administrators.

Division 1. General Provisions.

§ 43-2-270. Filing and recordation of resignation.

§ 43-2-271. Liability for assets upon resignation.

§ 43-2-272. Duty of probate court to grant letters of administration upon vacancy.

§ 43-2-274. Appointment of administrator after final settlement.

§ 43-2-275. Removal of resident executor from state.

Division 2. Removal and Proceedings to Require New or Additional Bond.

§ 43-2-290. Causes of removal generally.

§ 43-2-291. Rights terminated by sentence of imprisonment.

§ 43-2-292. Additional bond may be required; removal for default.

§ 43-2-293. Application for removal or additional bond.

§ 43-2-294. Service of citation.

§ 43-2-295. Notice by publication.

§ 43-2-296. Trial.

§ 43-2-297. Costs.

§ 43-2-298. Order to give additional bond.

§ 43-2-299. Removal or additional bond on motion of court.

Article 13. Collection, Inventory, and Appraisement of Personal Property.

§ 43-2-311. Testator may exempt executor from filing inventory or making report or final settlement.

§ 43-2-312. Contents of inventory.

§ 43-2-313. Oath upon return of inventory.

§ 43-2-318. Exhibit showing condition of estate.

Article 14. Keeping Estates Together.

§ 43-2-330. Authorization by probate court to keep estate together; term.

§ 43-2-331. Extension of time upon showing of good cause.

§ 43-2-332. When distributed share kept and worked with undivided portion of estate.

§ 43-2-333. Payment of profits to share owners.

§ 43-2-334. Order authorizing hiring of laborers - Generally.

§ 43-2-335. Order authorizing hiring of laborers - Petition; notice and hearing.

§ 43-2-336. Cultivation under direction of executor or administrator.

§ 43-2-337. Preceding sections not to be construed so as to conflict with will.

§ 43-2-338. Annual settlements.

§ 43-2-339. Certain rights not affected by provisions of article.

Article 15. Claims and Debts.

Division 1. Presentation.

§ 43-2-350. Time and manner of filing claims - Generally.

§ 43-2-351. Time and manner of filing claims - Exception as to minors or persons of unsound mind.

§ 43-2-352. Verification of claims.

§ 43-2-353. Revival of pending action considered as presentation.

§ 43-2-354. Notice and hearing; judgment; costs; appeals.

Division 2. Payment and Preference.

§ 43-2-371. Order of preference.

§ 43-2-370. Property charged with payment of debts.

§ 43-2-372. No preference among debts of same class.

§ 43-2-373. Payment of claims barred by statute of limitations.

§ 43-2-374. When executor or administrator protected in payment of debts.

§ 43-2-375. Payment of debts not due.

Division 3. Sale, Compromise, and Settlement.

§ 43-2-390. Authorization to compromise or sell claims.

§ 43-2-391. Notice and hearing.

§ 43-2-392. Report.

§ 43-2-393. When executor or administrator may give note, etc., to extend or settle debt.

§ 43-2-394. Compounding with and discharge of debtor.

Article 16. Sale of Personal Property.

§ 43-2-410. Power of sale conferred.

§ 43-2-411. Notice of application.

§ 43-2-412. Contesting application.

§ 43-2-413. Notice of sale.

§ 43-2-414. Hours of sale.

§ 43-2-415. Terms of sale.

§ 43-2-416. When bid rejected and sale postponed.

§ 43-2-417. Resale upon failure of purchaser to comply with terms; liability for deficiency.

§ 43-2-418. Completion, gathering and sale of crops commenced by decedent.

§ 43-2-419. Sale of farm products.

§ 43-2-420. Assignment or transfer of mortgages, notes or accounts.

§ 43-2-421. Stock in trade.

§ 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.

§ 43-2-441. Authorization to sell - Where will exists.

§ 43-2-440. Renting of lands.

§ 43-2-442. Authorization to sell - In case of intestacy.

§ 43-2-443. Authorization to sell - Sale for division.

§ 43-2-444. Application for sale.

§ 43-2-445. Notice and hearing generally; time for hearing; appointment of guardian ad litem.

§ 43-2-446. Notice to nonresidents.

§ 43-2-447. Notice to unknown parties; appointment of special guardian; disposition of shares.

§ 43-2-448. Duties and compensation of guardian ad litem and special guardian.

§ 43-2-450. Order of sale for payment of debts.

§ 43-2-451. Proof of facts on application to sell for division; order of sale.

§ 43-2-452. When depositions required.

§ 43-2-453. Evidence of title.

§ 43-2-454. Dismissal of application upon failure of proof.

§ 43-2-455. Advertisement of sale.

§ 43-2-456. Applicability of sections 43-2-414, 43-2-416 and 43-2-417.

§ 43-2-457. How purchase money secured.

§ 43-2-458. Place of sale.

§ 43-2-459. Report and examination of sale - Generally.

§ 43-2-460. Report and examination of sale - Notice and hearing.

§ 43-2-461. Setting aside sale; resale.

§ 43-2-462. Confirmation of sale.

§ 43-2-463. Report of payment of purchase money.

§ 43-2-464. Conveyance.

§ 43-2-465. Right of purchaser to cite executor or administrator to report sale.

§ 43-2-467. Correction of mistake in description of lands sold.

§ 43-2-468. Sale or division of land received on compromise.

Division 2. Sale of Land for Payment of Legacies.

§ 43-2-480. Authorization to sell.

§ 43-2-481. Application for sale.

§ 43-2-482. Notice; proceedings; order of sale.

Article 18. Settlements and Distributions.

Division 1. General Provisions.

§ 43-2-500. When annual or partial settlement required.

§ 43-2-501. When final settlement may be made.

§ 43-2-502. Filing of account, etc. - Generally.

§ 43-2-503. Filing of account, etc. - Liability for failure to file statement.

§ 43-2-504. Appointment of guardian ad litem.

§ 43-2-505. Time for settlement; notice generally.

§ 43-2-506. Settlement by consent without notice.

§ 43-2-507. Auditing of account; proof of credits.

§ 43-2-508. Satisfaction of claims.

§ 43-2-509. Liability of executor or administrator for interest or profits.

§ 43-2-510. Credit for expenses of minor distributees.

§ 43-2-511. Contest of account - Generally.

§ 43-2-512. Contest of account - Showing of failure to discharge trust, etc.

§ 43-2-513. Contest of account - Examination of witnesses.

§ 43-2-514. Contest of account - Reduction or disallowance of item.

§ 43-2-515. Contest of account - Withdrawal of item.

§ 43-2-516. Decree passing account as stated.

§ 43-2-517. Appointment and compensation of special guardian.

§ 43-2-518. Reexamination of items included in previous settlements.

§ 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.

§ 43-2-530. Authorization to compel settlement.

§ 43-2-531. Issuance of citation; notice; when court required to examine, audit or restate account.

§ 43-2-532. Proceedings on settlement of account.

§ 43-2-533. Setting aside decree.

Division 3. Compelling Settlement of Executor or Administrator Whose Authority Has Ceased.

§ 43-2-550. Final settlement required following death, removal or resignation of executor or administrator.

§ 43-2-551. Making succeeding executor or administrator party to settlement.

§ 43-2-552. Decree for balance - Generally.

§ 43-2-553. Decree for balance - Decree in favor of outgoing executor or administrator; insolvent estates.

§ 43-2-554. When execution may be stayed.

§ 43-2-555. Stating account or compelling settlement by attachment.

§ 43-2-556. Issuance of citation; notice; when court required to examine, audit or restate account.

§ 43-2-557. Proceedings on final settlement of account.

§ 43-2-558. Setting aside decree.

§ 43-2-559. Other actions not barred.

§ 43-2-560. Settlement by sureties of deceased executor or administrator - Filing account and vouchers.

§ 43-2-561. Settlement by sureties of deceased executor or administrator - Making representative of deceased executor or administrator party to settlement.

§ 43-2-562. Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement.

§ 43-2-563. Settlement by sureties of deceased executor or administrator - Conclusiveness of settlement.

§ 43-2-564. Settlement by sureties of deceased executor or administrator - Execution against sureties.

Division 4. Compelling Payment of Legacies.

§ 43-2-580. When legatee or widow entitled to compel payment.

§ 43-2-581. Application.

§ 43-2-582. Time for hearing; notice to executor or administrator.

§ 43-2-583. Conduct of hearing; when payment or delivery directed.

§ 43-2-584. Refunding bond.

§ 43-2-585. Enforcement of payment or delivery.

§ 43-2-586. Applicability of sections 43-2-581 through 43-2-585 to widow.

Division 5. Arbitration on Settlement of Estates.

§ 43-2-600. When matters of controversy may be referred to arbitration.

§ 43-2-601. Consent by guardian.

§ 43-2-602. Appointment of arbitrators.

§ 43-2-603. Award - Generally.

§ 43-2-604. Award - Force and effect; execution.

§ 43-2-605. Award - Setting aside; second reference.

§ 43-2-606. Award - Objections.

§ 43-2-607. Applicability of certain sections in Title 6.

Division 6. Distribution or Division on Final Settlement.

§ 43-2-620. Orders of distribution - Generally.

§ 43-2-621. Orders of distribution - To whom directed; contents.

§ 43-2-622. Orders of distribution - Oath; return; exceptions to report.

§ 43-2-623. Confirming or setting aside distribution; when sale may be directed.

§ 43-2-624. How sale advertised and made.

§ 43-2-625. Delivery of property upon confirmation.

§ 43-2-626. Division, sale or assignment of judgments or claims.

§ 43-2-627. Setting off indebtedness of distributee or legatee.

§ 43-2-628. Discharge of executor or administrator from liability.

§ 43-2-629. Disposition of personal estate of foreign decedent.

Division 7. Distribution Before Settlement.

§ 43-2-640. Authorization to make distribution - Distribution by executor or administrator.

§ 43-2-641. Authorization to make distribution - Distribution by court after six months from grant of letters.

§ 43-2-642. Contents of application.

§ 43-2-643. Time for hearing; notice.

§ 43-2-644. When distribution made; limit on amount.

§ 43-2-646. Refunding bonds - Recordation; transcript as evidence.

§ 43-2-645. Refunding bonds - Required; terms and conditions.

§ 43-2-647. Refunding bonds - Bond stands as security; action on bond.

§ 43-2-648. Refunding bonds - Rights of parties among themselves.

§ 43-2-649. Costs.

Division 8. Presumption of Settlement After 20 Years.

§ 43-2-660. When presumption arises.

§ 43-2-661. Petition to establish presumption.

§ 43-2-662. Notice of hearing on petition.

§ 43-2-663. Contest.

§ 43-2-664. Order after hearing.

Division 9. Compensation, Commissions, Fees, etc.

§ 43-2-682. Court may allow compensation or attorney's fees up to time of settlement.

§ 43-2-683. Previous fees considered upon final settlement.

Division 10. Summary Distribution of Small Estates.

§ 43-2-690. Short title.

§ 43-2-691. Definitions.

§ 43-2-692. Petition for summary distribution; when surviving spouse or distributee entitled to personal property without administration.

§ 43-2-693. Entry of order directing summary distribution.

§ 43-2-694. Transfer of property or evidence of rights therein to surviving spouse or distributees.

§ 43-2-695. Limitation on defeasible rights of surviving spouse or distributees.

§ 43-2-696. Effect of transfer pursuant to affidavit.

Article 19. Insolvent Estates.

Division 1. General Provisions.

§ 43-2-700. Order and preference of payment of debts.

§ 43-2-701. Report of insolvency - Generally.

§ 43-2-702. Report of insolvency - Statement to be filed with report.

§ 43-2-703. Report of insolvency - Affidavit accompanying report and statement.

§ 43-2-704. Time for hearing; notice of hearing.

§ 43-2-705. Trial of issue of insolvency to be by jury.

§ 43-2-706. Payment of costs.

§ 43-2-707. Declaration of insolvency.

§ 43-2-708. Second declaration by succeeding administrator not necessary.

§ 43-2-709. Appeals.

Division 2. Nomination and Election of Administrators of Insolvent Estates.

§ 43-2-720. When creditors may make nomination; who may be nominated.

§ 43-2-721. Voting procedure generally; proof of claims required.

§ 43-2-722. Person receiving plurality appointed administrator.

§ 43-2-723. Discretion of court upon failure of creditors to attend.

§ 43-2-724. Former letters revoked upon appointment; property vested in administrator.

§ 43-2-725. Vacancy.

Division 3. Filing and Allowing Claims Against Insolvent Estates.

§ 43-2-740. Time and manner of filing claims - Generally.

§ 43-2-741. Time and manner of filing claims - Time allowed certain minors and persons of unsound mind.

§ 43-2-742. Time and manner of filing claims - Claims verified in another state.

§ 43-2-743. Time and manner of filing claims - Claims verified in foreign country.

§ 43-2-744. Receipt for claim; endorsement by judge.

§ 43-2-745. Claims docket.

§ 43-2-746. When claim allowed without further proof.

§ 43-2-747. Objections.

§ 43-2-748. Allowance of due part of claim.

§ 43-2-749. Debt not due.

§ 43-2-750. Claim allowed after partial distribution.

§ 43-2-751. Action by creditor to recover dividend.

Division 4. Settlement of Insolvent Estates.

§ 43-2-770. When settlement must be made.

§ 43-2-771. Decree.

Division 5. Sale of and Actions for Lands of Insolvent Estates.

§ 43-2-790. Application for order for sale - Generally.

§ 43-2-791. Application for order for sale - Form and contents; verification; notice to heirs and devisees.

§ 43-2-792. Action by administrator for recovery of lands.

Division 6. Report or Decree of Insolvency as Affecting Pending Civil Actions.

§ 43-2-810. Continuance upon showing of insolvency.

§ 43-2-811. Special plea of insolvency.

§ 43-2-812. Judgment certified to probate court; execution for costs.

§ 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.

§ 43-2-830. Devolution of estate at death; restrictions.

§ 43-2-831. Time of accrual of duties and powers.

§ 43-2-832. Priority among different letters.

§ 43-2-833. General duties; relation and liability to persons interested in estate; standing to sue.

§ 43-2-834. Personal representative to proceed without court order; exception.

§ 43-2-835. Duty of personal representative; inventory and appraisement.

§ 43-2-836. Duty of personal representative; supplementary inventory.

§ 43-2-837. Duty of personal representative; possession of estate.

§ 43-2-838. Power to avoid transfers.

§ 43-2-839. Powers of personal representatives; in general.

§ 43-2-840. Improper exercise of power; breach of fiduciary duty.

§ 43-2-841. Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

§ 43-2-842. Persons dealing with personal representative; protection.

§ 43-2-843. Transactions authorized for personal representatives; exceptions.

§ 43-2-844. Transactions authorized for personal representatives; prior court approval.

§ 43-2-845. Powers and duties of successor personal representative.

§ 43-2-846. Co-representatives; when joint action required.

§ 43-2-847. Powers of surviving personal representative.

§ 43-2-848. Compensation of personal representative.

§ 43-2-849. Expenses in estate litigation.

§ 43-2-850. Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

§ 43-2-851. Bond.

§ 43-2-852. Terms and requirements of bonds.

§ 43-2-853. Application to existing estates.

§ 43-2-854. Avoiding conflicts of law.