Section 43-2-502


Published: 2015

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Section 43-2-502

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

In making settlements of an administration, the executor or administrator must proceed as follows:



He must make out an account between himself and the estate he represents, charging himself with all the assets of the deceased which have come into his possession, except the lands, and crediting himself with all the credits he is by law entitled to; which account, verified by his oath, must be filed with the judge of probate of the court having jurisdiction.



With such account he must also file written evidence in his possession, on which he relies to sustain the credit side of such account, which may consist of an affidavit or any other legal evidence, in the discretion of the executor or administrator.



He must, at the same time, file a statement, on oath, of the names of the heirs and legatees of such estate, specifying particularly which are under the age of 19 years; and, if any of them are persons of unsound mind, it must be stated; but if the names, ages or condition of such heirs or legatees are unknown and they reside out of the state, they may be made parties as unknown heirs or legatees.



He must state the sum of funds of the estate which he has used for his own benefit, the time and the profit resulting from such use, if over legal interest, or, if he has not so used any of the funds of the estate for his own benefit, he must expressly deny on oath that he has so used such funds, and any party interested in the the estate may contest the same.



He shall be allowed all reasonable premiums paid on his bond as administrator or executor.

(Code 1852, §1802; Code 1867, §2137; Code 1876, §2509; Code 1886, §2135; Code 1896, §203; Code 1907, §2668; Code 1923, §5901; Code 1940, T. 61, §295; Acts 1988, 1st Ex. Sess., No. 88-943, p. 565, §1.)