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44-2-4 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Mailing of Notice to Creditors, Distributees and Legatees |
When the commissioner of accounts has fixed the time for presentation of claims, the personal representative shall file with such commissioner a list of the nam… |
Proofed
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44-2-5 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Claims to be Proved by Vouchers and Affidavits in First Instance |
Every claim against the estate of a decedent shall be itemized, accompanied by proper vouchers, and verified by the affidavit of the creditor stating the charac… |
Proofed
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44-2-6 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Objections to Claims, and When Claim to be Proved by Other Evidence; Excess Funeral Expenses |
Every claim so itemized, so accompanied by proper vouchers, and so verified, shall be taken to be proved, and shall be allowed, unless before the commissioner s… |
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44-2-7 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Claims May be Presented Before Publication of Notice |
Claims against any decedent’s estate may be filed with or presented to the commissioner of accounts to whom the estate has been referred, at any time following … |
Proofed
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44-2-8 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Proof of Contingent or Unliquidated Claims |
Whenever at the death of any person there shall be a contingent or unliquidated claim against his estate, or an outstanding bond, recognizance or undertaking up… |
Proofed
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44-2-9 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Continuances Until All Claims and Objections Passed on |
The commissioner may adjourn from time to time the hearing for the presentation of claims as well as the hearings for proof of disputed claims until all the pre… |
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44-2-10 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Personal Representative to Exhibit Offsets to Claims |
When a creditor against whom the deceased had any claim or claims shall present a claim the personal representative may exhibit any offset, if the same be such … |
Proofed
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44-2-11 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
How Heir or Devisee May Protect Himself Against Lien on Property |
Any heir or devisee entitled to have any lien on the real estate that descended or was devised to him discharged out of the personal estate, or any legatee enti… |
Proofed
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44-2-12 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
No Claim Barred by Statute of Limitations to be Allowed |
No claim barred by any statute of limitations shall be allowed by a commissioner against the estate of a decedent. |
Proofed
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44-2-13 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Effect of Presenting Claim as to Statute of Limitations |
The filing with or presentation to the commissioner of accounts of any claim of against the estate of a decedent shall, so far as the running of any statute of … |
Proofed
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44-2-14 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Advance Payment of Certain Claims |
The commissioner of accounts may authorize, and the personal representative may make, payment of funeral expenses, claims of physicians and nurses for services … |
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44-2-15 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Personal Representative Not Precluded From Commencing Action or Suit; Set-off in Such Actions or Suits |
Nothing in this article contained shall be construed to prevent any personal representative, when he shall think it necessary, from commencing any action or sui… |
Proofed
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44-2-16 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Commissioner to Report on Claims of Creditors, Assets and Shares of Distributees and Legatees |
After the completion of the hearings or the presentation of claims and for reception of proof for and against disputed claims, but not later than ten months fro… |
Proofed
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44-2-17 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
How Contingent and Unliquidated Claims and Claims Not Matured May be Provided For |
The commissioner of accounts in his report on claims shall direct the personal representative to withhold from distribution to beneficiaries sufficient assets t… |
Proofed
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44-2-18 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Exceptions to Commissioner’s Report; Return of Report |
After preparing his report of claims the commissioner shall give notice thereof, either verbally or in writing, delivered personally or by mail, to all parties … |
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44-2-19 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Hearing on Report and Exceptions; Appeal; Effect of Confirmation |
The hearing on the report of claims returned by a commissioner shall be had at the first term of the county court occurring not earlier than ten days after its … |
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44-2-20 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Report of Claims to be Recorded |
The report of claims, and the supplemental report of claims, if there be one, when confirmed by the county court, shall be recorded by the clerk of the county c… |
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44-2-21 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Order in Which Debts of Decedent to be Paid |
When the assets of the decedent in the hands of his personal representative, after the payment of charges of administration, are not sufficient for the satisfac… |
Proofed
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44-2-22 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
Creditors to be Paid in Order of Classification, and Classes Ratably When |
No payment shall be made to creditors of any one class until all those of the preceding class or classes shall be fully paid; and when the assets are not suffic… |
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44-2-23 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Personal Representative Not Liable for Funds Distributed |
If any personal representative after one year from the qualification of the first executor or administrator of the estate, and after the report of claims has be… |
Proofed
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44-2-24 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Claims and Legacies May be Paid and Estate Distributed |
After the report of a commissioner on the claims against the estate of any decedent has been confirmed as aforesaid, and after one year from the time of the qua… |
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44-2-25 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Personal Representative Not be Compelled to Make Distribution |
A personal representative shall not be compelled to pay any legacy given by the will, or make distribution of the estate of his decedent, until after a year fro… |
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44-2-26 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Claims Not Presented and Proved Barred of Recovery From Personal Representative |
Every person having a claim against a deceased person, whether due or not, who shall not, when notice to creditors has been published as prescribed in this arti… |
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44-2-27 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Distributees and Legatees May be Sued on Claims; Extent of Liability; Costs |
Every creditor who shall not have presented his claim to the commissioner of accounts before distribution of the surplus by the personal representative, or befo… |
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44-2-28 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Proof and Allowance of Claims |
When Enforcement of Lien to Secure Claim Barred |
When the right to bring action or suit against distributees and legatees on any a claim against the decedent shall become barred, the right to enforce any lien … |
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44-3-1 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Commissioners of Accounts |
The county court of each county, and the clerk of the county court in each county in which there exists a separate tribunal for police and fiscal purposes, shal… |
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44-3-2 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Same; Powers and Duties Generally |
The commissioners of accounts shall have general supervision of all fiduciary matters that are referred to them, and of the fiduciaries in charge thereof, and s… |
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44-3-3 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Special Commissioner of Accounts |
When, from any cause, none of the commissioners of accounts can act as to any matter or matters which may be passed on under the provisions of this chapter, suc… |
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44-3-4 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Matters That Will Disqualify Commissioner of Accounts |
No person shall perform the duties of a commissioner of accounts in any matter wherein he will be passing upon his own account or acts; nor, where he will be ca… |
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44-3-5 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Commissioner of Accounts to Inspect Inventories and Accounts |
The commissioner of accounts shall inspect all inventories and accounts of sales returned to him by fiduciaries, require that they be in proper form, and, withi… |
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44-3-6 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
Commissioner of Accounts to Inspect Bonds of Fiduciaries |
Each commissioner of accounts shall, at least once each month, ascertain from the records of the county court of his county what estates and fiduciary matters h… |
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44-3-7 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Commissioners of Accounts |
When County Court to Refer Controversies to Commissioner of Accounts; Rules of Procedure |
The county court, whenever any controversy arises in connection with the probate of any will, or with the appointment and qualification of personal representati… |
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44-4-1 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Inventories |
Every personal representative, guardian, curator, or committee, shall, within two months after the date of the order conferring his authority, or qualifying him… |
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44-4-2 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Accounts of Sales |
Every such fiduciary shall, within two months after selling any property as such, return, to the commissioner of accounts to whom the estate or trust has been r… |
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44-4-3 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Record of Inventories, Appraisements and Sales |
Every inventory, appraisement and account of sales returned under this article shall be recorded by the clerk of the county court in appropriate books and index… |
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44-4-4 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Fiduciaries to Exhibit Accounts for Settlement |
A statement of all the money which any personal representative, guardian, curator, or committee, shall have received, or become chargeable with, or have disburs… |
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44-4-5 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Fiduciaries From Whom Inventories Appraisals, or Accounts Are Due When This Article Effective May be Proceeded Against |
Any fiduciary who has been appointed or qualified before this article takes effect and has not given sufficient bond, nor returned any inventory and/or account … |
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44-4-6 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Fiduciaries of Small Estates May Account Once in Three Years |
A fiduciary who is in charge of a trust fund, the principal of which is not distributable until some future time, shall not be compellable by a commissioner of … |
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44-4-7 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Examination of Bonds at Time of Accounting, and When Requested by Interested Party |
When any fiduciary, except a sheriff, shall have laid the statement required of him by law before a commissioner of accounts or before a commissioner in chancer… |
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44-4-8 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Settlements for Previous Years; Objections to Account |
When a commissioner has before him for settlement the account of a fiduciary for any year, if there be any time prior to such year for which the fiduciary has n… |
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44-4-9 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Failure to Account Forfeits Commissions Unless Allowed by Court |
If any such fiduciary shall wholly fail to lay before the commissioner of accounts, to whom the estate or trust has been referred, a statement of receipts for a… |
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44-4-10 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
How Accounting Compellable by Person Interested |
When any fiduciary shall have so failed to lay before a commissioner of accounts a statement of his receipts for any year, the county court shall, upon request … |
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44-4-11 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Publication and Posting of List of Fiduciaries Prior to Settlements |
Every commissioner of accounts shall, on the first Monday of every month, prepare a list of the fiduciaries whose accounts are at the date of such list before h… |
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44-4-12 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Securities and Moneys to be Exhibited to Commissioner of Accounts |
In settling the account of any fiduciary, the commissioner of accounts shall require him, or any of them, if there are more than one, to produce, before the com… |
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44-4-13 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Liability for Losses or Failure to Make a Defense |
If any personal representative, guardian, curator or committee shall, by his negligence or improper conduct, lose any debt or other money, he shall be charged w… |
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44-4-14 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Compensation and Expenses of Fiduciaries |
The commissioner in stating and settling the account shall allow the fiduciary any reasonable expenses incurred by him as such; and also, except in cases in whi… |
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44-4-15 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Receipt to be Given Fiduciaries for Vouchers |
Any commissioner of accounts or commissioner in chancery, having before him the accounts of a fiduciary for settlement, shall, on request, execute and deliver t… |
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44-4-16 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Reports of Commissioner of Accounts |
Every account stated under this article shall be reported with any matters specially stated, deemed pertinent by the commissioner, or which may be required by a… |
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44-4-17 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Exceptions to Report |
Upon completion of such report of settlement of account the commissioner shall give notice thereof, either verbally or in writing, delivered personally or by ma… |
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44-4-18 |
Ch. 44 — ADMINISTRATION OF ESTATES AND TRUSTS |
Accounting by Fiduciaries |
Filing of Report and Vouchers |
The commissioner shall file the report in the office of the court by which he is appointed, as soon as practicable after the expiration of such ten days; and wi… |
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