§ 43-8-51 — Controversy as to Advancements - Discovery of Advancements

Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such advancement is not expressed in any conveyance or receipt, within the applicant’s knowledge, or in any charge made by the decedent, the judge of probate must issue citation to the distributee or heir alleged to have received such advancement, requiring him or her, within a specified time, not less than 30 nor more than 60 days, to report on oath a list of the property received, the time when and the value of the same when received, or to deny on oath having received any advancement from the decedent. If the party alleged to have received the advancement is a nonresident of the state, notice must be given by publication once a week for three successive weeks in some newspaper published in the county, or if no paper is published in the county, then in one published in the adjoining county, requiring him or her to answer within a specified time, not less than 40 days, nor more than 90 days.

Legislative History

(Code 1867, §1905; Code 1876, §2269; Code 1886, §1932; Code 1896, §1470; Code 1907, §3774; Code 1923, §7385; Code 1940, T. 16, §21; Code 1975, §43-3-36.)