Posts Tagged ‘Settling Estates With Real Property’

The 2009 fourth quarter, 1st October 2009 to 31st December 2009, indicates at least 838 sales within Mobile County, Alabama according to online REALTOR information records. The total sales can be broken down into four property type categories: (1) condominiums & townhouses, (2) manufactured homes, (3) new construction homes, and (4) single family older homes. Also, the last quarter of total sales compared to the third quarter of total sales indicate a drop of 146 sales, or -14.8%.

The approximate 31 condominiums & townhouses had an average list price of $107,838, 69 average days on market (dom) and a sale price to list price percentage of 91.03%.

The approximate 13 manufactured homes had an average list price of $41,923, 61 average days on market (dom) and a sale price to list price percentage of 86.24%.

The approximate 131 new construction homes had an average list price of $179,631, 70 average days on market (dom) and a sale price to list price percentage of 99.39%.

The approximate 659 single family older homes (18.44% drop when compared to the third quarter) had an average list price of $142,956, 86 average days on market (dom) and a sale price to list price percentage of 95.8%.

The average days on market (dom) for the fourth quarter was around 82 days and the average per square foot was $78.

The fourth quarter indicates more new construction in west Mobile, south of the Mobile Regional Airport, Semmes, southwest Mobile County, Theodore, and the Tillman’s Corner area when compared to other areas of Mobile County. Most of the single family residential or home sales occurred in the areas north and south of Cottage Hill Road, Municipal Park area & city west central, west Mobile, Semmes, Midtown area near downtown historic Mobile, and areas east of Wilmer, Alabama.

The average sold terms for the fourth quarter was CASH (21%), CONVENTIONAL (27.3%), FHA (42.4%), VA (6.4%) and OTHER-ASSUMPTION, AUCTION, VENDOR LIENS (2.9%).

The above information has been provided by Albert Marshall Cheney, Cheney Appraisal Services, located in the Mobile Bay Metro Area, Baldwin County and Mobile County of Alabama. Albert Cheney is an active Certified Residential Real Property Appraiser and FHA Approved Appraiser with 35+ years experience in the real estate industry. Contact Albert Cheney at (251) 533-2424 or Albert@CheneyAppraisalServices.com if you require more information about Alabama real estate and ordering a “Certified” real estate appraisal report.

Comments And Opinions By Al Cheney, Certified Residential Real Estate Appraiser & FHA Approved Appraiser, Mobile, Alabama.

The city of Mobile and the other communities within the Mobile Bay Metro Area (Baldwin County, Mobile County, Alabama) have the opportunity to capture many more economic projects if, as area businesses and residents, we continue to stand together “as one!”

We must all participate in the promotion of our area, whether it’s in a small way or a big way. You can contribute with only a smile to a weary traveler visiting our area (they might be moving here or relocating their business) or keeping the trash picked up around your home. Landscaping, mowing the lawn, or volunteering to assist with your educational talents are certainly other ways to place your positive mark upon our metropolitan bay area.

Also, even more small and large businesses should consider banding together, promoting our area through worthwhile local civic, economic and marketing projects. It is through these ongoing positive efforts and promotional projects which will continue to keep us progressive, in contention for even more economic opportunities and, certainly, noticed by outsiders looking in. These outsiders just might want to jump right in with us, so they can also experience the economic flurry of opportunities. Our local assets and opportunities to compete surround each of us every day. So open your eyes widely, see the possibilities and potential, and the next time you look into a mirror, realize that you are looking at one of our greatest assets!

It could be raining economic projects’ money in the Mobile Bay Metro Area, so here are some recent newsworthy articles (links below) for your reading. “Let these articles stoke your embers of creativity and professionalism, and turn them into your flames of positive ideas and possibilities!” – AMC

Please send me your comments, opinions and suggestions.

http://blog.al.com/live/2009/10/forbes_columnist_gives_mobile.html

http://www.nytimes.com/2009/10/28/realestate/commercial/28alabama.html?_r=2&ref=business

http://www.baldwincountynow.com/articles/2009/10/29/local_news/doc4ae87e66ae3dc680435966.txt

http://www.wkrg.com/alabama/article/auto-plant-in-bay-minette/379896/Sep-24-2009_1-48-pm/

http://www.wkrg.com/alabama/article/big-economic-honor-for-mobile1/100846/Jun-12-2009_8-50-pm/

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Al Cheney is a native of southern Alabama and a graduate from the College of Business and Management Studies, University of South Alabama. Al Cheney has maintained an active real estate broker’s license for thirty-six years and president of his company, Realty Leaders Corporation. Of course, most people know Al Cheney as a Certified Residential Real Property Appraiser and FHA Approved Appraiser, Cheney Appraisal Services, with 35+- years experience. Al Cheney also has past experiences and professional involvement with advertising, graphics, photography, marketing and writing.

Tags: Baldwin County, Cheney, Contention, Creativity, Economic Opportunities, Economic Projects, Educational Talents, Embers, Fha, Flames, Marketing Projects, Metro Area, Mobile Alabama, Mobile Bay, Mobile County Alabama, Newsworthy Articles, Outsiders, Possibilities, Professionalism, Property Appraiser, Weary Traveler

“Charleston Ridge” subdivision is one of the newest Saraland subdivisions located along the eastern side of Celeste Road and about 3.2 miles north of U. S. Interstate Highway 65. This subdivision is located 15+ minutes from downtown historic Mobile, Alabama.

The square foot minimum is 2,800 and a double garage is required per restrictions.

“Charleston Ridge” has 47 lots and, to date, around 28% of the lots have been sold. The average asking price per square foot is $101.78 based on only four active listings shown within the Mobile Area Association of REALTORS’ multiple listing service (MLS). The asking prices are between $289,000 and $310,000 with homes ranging from 2,834 to 3,027 square feet. These homes have 3 or 4 bedrooms and 2 1/2 or 3 bathrooms according to the available online records.

For more information, go to http://www.kevinloper.com/areas/index.cfm?City=SARALAND&State=AL&StateFull=ALABAMA.

For Certified and FHA Approved Appraisers, go to http://www.mobilealabamafharealestateappraisers.com/ or http://www.CertifiedAppraiserNames.com/.

This information has been provided by Al Cheney, FHA/HUD Appraiser located within the Mobile Bay Metro Area of Alabama, Baldwin and Mobile Counties. Al Cheney has over 30 years real estate experience! Al Cheney can be reached by clicking on the above web link or call (251) 533-2424.

Fairfield Pointe, a 2006-2007 new subdivision, is located only minutes from downtown Fairhope, Alabama on the Eastern Shore of Mobile Bay and about 25+ minutes from historic downtown Mobile. This new residential community offers upscale homes within a village atmosphere. Fairfield Pointe has a reported total of 37 lots consisting of 20 townhome styles ranging from 2,682 to 2,967 square feet, 12 zero lot line homes ranging from 2,745 to 2,934 square feet and 5 single family homes having around 3,000+ square feet each.

These Creole style homes, designed by architect A. Hays Town, (will) feature homes with the highest quality building materials and energy efficient mechanical components. The architectural features of these homes, as described by the architect and developers, will be rich in the Deep South and the Garden District of New Orleans heritage. The homes have balconies, tall columns, classic windows adorned by plantation shutters and large porches to enjoy scenic community views.

The Fairfield Pointe homes have distinctive designs with asking prices ranging from $382,900 to $419,900 according to the online REALTORS’ multiple listing service (MLS) records. To personally view these homes, take U. S. Highway 98 South, then left of Alabama Highway 44 (Twin Beech Road), travel about a ½ mile, left on Boothe Road and then take a immediate right into the Fairfield Pointe subdivision.

For further information on Fairfield Pointe, contact Jeff Devalk with Coldwell Banker Reehl Properties, 251-990-6622 (Office), 251-583-6125 (Mobile), or Jeff@JeffDevalk.com (Email).

For a FHA Approved Appraiser and an active Certified Residential Real Property Appraiser, contact Albert Marshall Cheney with Cheney Appraisal Services, 251-533-2424 (Business/Mobile), Albert@CheneyAppraisalServices.com (Email), or go to the following web site links, http://www.CertifiedAppraiserNames.com/ and http://www.MobileAlabamaFHARealEstateAppraisers.com/ for much more information.

“The Woodlands At Malbis” is located along the east side of Alabama State Highway 181, a few miles south of U. S. Interstate Highway 10 and also south of U. S. Highway 90. The Malbis Regional Shopping Center is located on the northern side of U. S. Highway 10 and only minutes from this subdivision.

“The Woodlands of Malbis” has 35 lots and eight common area parcels according to online records. This subdivision is described as “a fantastic tree-lined upscale neighborhood with lakes and estate-sized lots.”

The Baldwin County Association of REALTORS’ online records indicate 4 active listings ranging from $494,900 to $1,900,000 with 3,258 to 5,740 square feet and 9 past sold properties selling between $550,000 and $840,000 with 4,296 to 4,939 square feet .

For further information, contact Barbara S. Reeves at 251-510-0629, 251-621-2588 or toll free direct by calling 888-489-8001.

For more information about Certified Residential Real Property Appraisers and Approved FHA Appraisers, contact Albert Marshall Cheney with Cheney Appraisal Services at 251-533-2424. Albert Cheney covers Daphne, Fairhope, Loxley, Malbis, Montrose, Point Clear, Robertsdale, Spanish Fort and many other communities and towns within Baldwin County, Alabama. Al Cheney suggests clicking onto these web site links, http://www.CertifiedAppraiserNames.com/ & http://www.MobileAlabamaFHARealEstateAppraisers.com/ for much more information!

ARE YOU LOOKING FOR “CERTIFIED” AND “FHA” APPRAISERS IN BALDWIN COUNTY AND MOBILE COUNTY, ALABAMA?

Cheney Appraisal Services can handle all of your Baldwin County and Mobile County, Alabama real estate property appraiser needs. Cheney Appraisal Services supplies only the highest quality Baldwin County and Mobile County, Alabama real estate appraisals. The Baldwin County and Mobile County appraisal districts are areas where we can satisfy all of your home appraisal needs. Our real estate property appraiser is fully licensed and certified residential. Al Cheney is a real estate appraiser fully qualified to handle your home appraisal, appraisal when settling an estate, tax appraisal and any other appraisal need, such as, vacant land and legal reasons.

Certified & FHA Home Appraisals starting at $295 per report!*

Albert Marshall Cheney, Cheney Appraisal Services, Mobile, AL, accepts residential assignments within The Mobile Bay Metro Area, Baldwin County and Mobile County of Alabama.

Here are many communities and towns (with most zip codes) serviced by Cheney Appraisal Services, Baldwin County, Mobile County, Alabama:

Alabama Port 36523, Axis 36505, Barnwell 36532, Bay Minette 36507, Bayou La Batre 36509, Belforest 36526, Belle Fountaine 36582, Bon Secour 36511, Bucks 36505, Calvert 36513, Celeste 36522, Chickasaw 36611, Chunchula 36521, Citronelle 36522, Coden 36523, Creola 36525, Crossroads 36507, Daphne 36526, Dauphin Island 36528, Dawes 36619, Earlville, Eight Mile 36613, Elberta 36530, Elsanor 36567, Fairhope 36532, Fairview, Foley 36535, Fort Morgan 36542, Georgetown 36521, Grand Bay, Gulfcrest 36521, Gulf Shores 36542, Hollingers Island 36605 36582, Indian Hills 36613, Irvington 36544, Josephine 36530, Kushla 36613, LeMoyne, Lillian 36549, Little River 36550, Lott, Loxley 36551, Malbis 36526, Magazine, Magnolia Springs 36555, Marlow, Mauvilla 36613, McIntosh (only) Washington County, Miflin, Millertown 36613, Mobile 36608 (and all other zip codes), Moffett 36587, Montrose 36559, Mount Vernon 36560, Mullet Point 36532, Oak Grove 36613, Ono Island 36561, Orange Beach 36561, Oyster Bay 36542, Perdido Beach, Perdido 36562, Pinegrove, Point Clear 36564, Prichard 36610, Rabun (Rabon) 36507, Robertsdale 36567, Saint Elmo 36544, Salco 36505, Saraland 36571, Satsuma 36572, Semmes 36575, Seminole 36574, Silverhill 36576, Spanish Cove 36549, Spanish Fort 36527, Stapleton 36578, Stockton 36579, Styx River, Summerdale 36580, Tensaw 36507, Theodore 36582, Tillman’s Corner 36619, Toulminville, Turnerville, Whistler 36612, Whitehouse Forks, Wilmer 36587, and Wolf Bay.

Cheney Appraisal Services will also accept appraisal assignments within the town of McIntosh, Washington County, Alabama only.

Here are most of the appraisal report services with fees provided by Cheney Appraisal Services:

• Condominium Appraisal Report $295 & $325
• Single Family Residential Appraisal Report, detailed information $295 & $325
• Limited 2055 “Interior” Appraisal Report $275 & $300
• Limited 2055 “Exterior” Appraisal Report $225 & $250
• Complex Or Waterfront Residential Appraisal Report $400-$500+
• *“Certified” FHA Single Family (Home) Residential Appraisals for Baldwin County, Alabama and Mobile County, Alabama *$295 & $325
• Desk Review Report $100
• Relocation (RELO) Appraisal Report $450
• Acreage Or Lot (Land) Appraisal Report $200 & $250
• Recertification of “Value Opinion” $75
• Field Review “Exterior” Appraisal Reports $200 & $250
• Construction Draw Or Final Inspections $75 & $100
• Duplex, Triplex Or Other Assignments More Distant Quote

The above list covers many appraisal report services provided by Cheney Appraisal Services within The Mobile Bay Metro Area of southwest Alabama.

If you do not see your appraisal report requirement listed above, contact Albert Cheney, 1-251-533-2424 or email, Albert@CheneyAppraisalServices.com, with your home or residential appraisal orders and or questions.  The business facsimile is 1-251-252-7737.

Manufactured home report assignments are NOT accepted by Cheney Appraisal Services. We apologize for any inconvenience resulting from our company policy.

As of 1st April 2009, the new Form 1004MC must be included within all lending related appraisal reports.  SAVINGS for the AMCs (Appraisal Management Companies), clients, lenders and homeowners:  The above FHA/CONV appraisal report fees include this new form!

*Further Explanation And Guidelines:  The FHA fees will be $295 for homes within reasonable distances, i.e., within the city of Mobile, and homes further out, i.e., rural areas, will be $325 and sometimes $350. 

Clients will be contacted within around 24 hours or less.  Report turn around times will mostly vary between 2 business days and 5 business days depending on complexity, distance, market research, etc.  A report turn time will start with the completion of the appraiser’s home inspection. 

The “special & lower” fee is paid in advance or during the home’s visual inspection (receipt given at this time) or, paid by the client/lender before release of  a report. 

Invoiced fees can be arranged with guaranteed payment within 30 days but add $75 to the above FHA & single family residential full report fees and Limited 2055 Exterior & Interior report fees.  (The additional invoiced fee of $75 per report applies only to these type of forms.)

*The new fees and guidelines are effective as of 13th JUN 2009.

Are you looking for appraisals for Bankruptcy, Estate & Probate, Divorce (Matrimonial Disputes), Tax Appeals, Litigation Support, Foreclosure, Environmentally Distressed Property, Feasibility Analysis for Zoning Issues, Eminent Domain/Condemnation, and FHA Mortgages?

Call Al Cheney today and look for upcoming pages with many Certified FHA Appraisers in the other major cities and towns of Alabama and in the States of Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and Texas.

To quote an old saying, “You can’t take it with you!”  Since this fact is true, a person should always consider having a Will, a Last Will And Testament, in order to lessen the complications in settling the estate for their bereaving family.

     A person’s death has an affect on their family emotionally and financially as well as with any unforeseen future personal or legal issues when settling the estate.  Having a Will allows the decedent, deceased person, to efficiently outline their wishes in detail and properly distributes the estate, personal property and any real property owned, at the time of their death. 

     Therefore, settling an estate efficiently is important and, in some cases, can be very stressful depending on its complexity and the number of heirs.  As an executor, or personal representative, you have been entrusted in carrying out the decedent’s wishes as exactly outlined within the Will and as quickly as possible.

     When it comes to settling an estate with real property, Al Cheney, Cheney Appraisal Services, can provide a “Certified,” detailed and timely appraisal opinion report while, at the same time, understanding the family’s bereavement and any sensitive issues associated with the decedent’s Will.

     As for accountants and attorneys, they can rely on Al Cheney’s knowledge, over 30 years, in the real estate industry of the Mobile Bay Metro Area.  Al Cheney always has a primary goal of providing detailed estate appraisal reports with reliable and supported derived value opinion conclusions (Fair Market Value estimates).  As an Alabama Certified Residential Real Property Appraiser, Al Cheney, provides professional appraisal opinion reports which gives accountants, attorneys, and personal representatives solid facts and figures, in order to fulfill IRS and the State of Alabama requirements as well as the courts within Baldwin or Mobile County and any other local agencies.

     Additionally, the date of death often differs from the date of the requested appraisal assignment.  Al Cheney is familiar with the procedures and requirements necessary to perform a retroactive appraisal assignment with an effective date and a Fair Market Value opinion estimate as of the date of death.  Furthermore, contracting an appraisal assignment with Al Cheney is a fiduciary relationship ensuring the fullest degree of discretion, confidentiality binding, as outlined within the Uniform Standards of Professional Appraisal Practice (USPAP) under the ethics provision.

     In conclusion, many times, people do not fully appreciate their need in having detailed real estate appraisal opinion reports which supports the facts and figures.  Settling an estate efficiently, properly and timely are paramount when completing and submitting the necessary documents, including all real property appraisal reports, to the IRS, Baldwin or Mobile County courts, and other revenue authorities.  Having “Certified,” detailed and professional appraisal opinion reports with supporting local marketplace information demonstrates credence and should facilitate the legal process when settling estates.  Al Cheney, Cheney Appraisal Services, is ready to assist accountants, attorneys and individuals requiring estate appraisal value opinion reports!  

Albert Marshall Cheney, Cheney Appraisal Services, Mobile, Alabama, is ready to assist you with all your “Certified” estate appraisal report requirements!  Call (251) 533-2424 today!

If you require additional estate research material, Al Cheney has provided these web links for further consideration:

http://www.alabamaprobatelawyers.com/news.cfm/Article/19691/You-Cant-Take-It-With-You.html

http://www.expertlaw.com/forums/archive/index.php/f-38.html

http://law.onecle.com/alabama/wills-and-decedents-estates/chapter2.html

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

• 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 43-2-645 Refunding bonds – Required; terms and conditions.
    • Section 43-2-647 Refunding bonds – Bond stands as security; action on bond.
    • Section 43-2-646 Refunding bonds – Recordation; transcript as evidence.
    • 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; probate judge to take possession of assets of estate; when surviving spouse or distributees entitled to personal property without administration.
    • Section 43-2-693 Entry of order directing summary distribution; delivery and release of assets by probate judge.
    • 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.