§ 28-13-105 — Prosecuting attorney - Duties

(a) When there are no known heirs or legal representatives, the prosecuting attorney for the district within which the courts are held wherein the accounts of any such administrator are required to be settled shall: (1) Examine the proceedings of the administration; (2) Cause process to be issued to compel the prompt settlement of his or her accounts; (3) Attend the settlement, when necessary, on behalf of the county; (4) Contest any item which to him or her shall appear unjust or unreasonable; and (5) In case of waste and mismanagement of the estate, or other maladministration, cause proper suits and proceedings to be instituted and prosecuted. (b) He or she is required, in behalf of the county, to do all things touching the administration which could be done by any sole heir, and especially to preserve the real estate from being improperly sold, wasted, or damaged. (c) It is made his or her special duty, by himself or herself or his or her deputy, whom he or she may make, when inconvenient to attend in person, to attend all the courts in his or her district in which any case under this chapter may be pending.

Legislative History

Rev. Stat., ch. 57, §§ 8, 9; C. & M. Dig., §§ 4085, 4086; Pope's Dig., §§ 5094, 5095; Acts 1985, No. 703, § 4; A.S.A. 1947, §§ 62-1808, 62-1809.