§ 26-59-114 — Payment of tax - Discharge of executor

(a) The Secretary of the Department of Finance and Administration shall issue to the executor upon payment of the tax imposed by this chapter receipts in triplicate any of which shall be sufficient evidence of the payment, and shall entitle the executor to be credited and allowed the amount thereof by any court having jurisdiction to audit or settle the executor's accounts. (b) If the executor files a complete return and makes written application to the secretary for determination of the amount of the tax and discharge from personal liability, the secretary as soon as possible, and in any event within one (1) year after receipt of such application, shall notify the executor of the amount of the tax and, upon payment thereof, the executor shall be discharged from personal liability for any additional tax thereafter found to be due and shall be entitled to receive from the secretary a receipt in writing showing such discharge. (c) The discharge shall not operate to release the gross estate of the lien of any additional tax that may thereafter be found to be due while the title to such gross estate remains in the executor or in the heirs, devisees, or distributees thereof. However, after the discharge is given no part of the gross estate shall be subject to the lien or to any claim or demand for any such tax after the title thereto has passed to a bona fide purchaser for value.

Legislative History

Amended by Act 2019, No. 910,§ 4285, eff. 7/1/2019. Acts 1941, No. 136, § 30; A.S.A. 1947, § 63-129.