§ 43-2-517 — Appointment and Compensation of Special Guardian

The jurisdiction of the probate court to make partial or final settlements or distributions of the estates of decedents is not affected by the fact that the executor or administrator making the settlement is also guardian of any heir or distributee, devisee, or legatee of the decedent; but in such case the court must appoint a special guardian, without bond, to represent such heir or distributee, devisee, or legatee on the settlement and distribution; and, upon final settlement, any decree to which such ward may be entitled must be rendered against the executor or administrator in the name of the special guardian for the use of the ward; and thereafter the executor or administrator, in the capacity of guardian, shall be accountable for such decree. The special guardian shall be entitled to reasonable compensation for his or her services and for the services of counsel properly employed to be allowed by the court and to be paid by such general guardian out of the estate of the ward.

Legislative History

(Code 1876, §2529; Code 1886, §2148; Code 1896, §216; Code 1907, §2684; Code 1923, §5917; Code 1940, T. 61, §313.)