§ 43-2-627 — Setting Off Indebtedness of Distributee or Legatee

(a) If, on final settlement, any distributee or legatee owes the estate any debt, contracted with the decedent in his or her lifetime or with the executor or administrator in his or her representative capacity, the court shall allow the same in favor of the executor or administrator, as a setoff against the distributive share of such distributee or legatee and shall decree satisfaction of his or her distributive share to the extent of such debt or demand; but the distributee or legatee may make any defense to the setoff that would be available to him or her in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against such distributee or legatee for the excess, when the debt is greater in amount than the distributive share; nor shall the executor or administrator be prevented from prosecuting a civil action in the proper court for any excess that may be due him or her from such distributee or legatee.

Legislative History

(Code 1886, §§2171, 2172; Code 1896, §§239, 240; Code 1907, §§2722, 2723; Code 1923, §§5960, 5961; Code 1940, T. 61, §§360, 361.)