§ 43-8-54 — Controversy as to Advancements - Consequence of Failure to Answer

In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he or she has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his or her full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he or she has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application.

Legislative History

(Code 1867, §1908; Code 1876, §2272; Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code 1923, §7388; Code 1940, T. 16, §24; Code 1975, §43-3-39.)