59-1501. Duration of administration; reopening, when; costs.
59-1501
59-1501. Duration of administration; reopening, when; costs.Every executor and administrator shall have nine (9) months from thedate of his or her appointment for the settlement of the estate. An administratorde bonis non shall have such time, not exceeding nine (9) months asthe court may determine. For cause shown the period herein limited may beextended by the court, not exceeding nine (9) months at a time. Theexecutor or administrator shall not be disqualified thereafter in any way,unless removed, but he or she shall not be relieved from any loss, liability, orpenalty incurred by failure to settle the estate within the timelimited.
That in case any executor or administrator shall fail or refuse for aperiod of thirty days after the expiration of said nine (9) months to makesuch settlement, he or she may be cited by the court for the purpose of makingsuch settlement unless the time therefor has been extended by the court,and all costs connected with such citation and the hearing thereon shall beassessed against such executor or administrator, and not against theestate: Provided, In the event the return of said citation shows thatthe executor or administrator is not within the jurisdiction of said court,said estate may be closed by the order of the court without a publicationnotice when there has been no prosecution thereon for a period of five (5)years. Said estate may be reopened within one (1) year thereafter uponpetition by a direct heir, executor or administrator who shall be chargedwith the costs thereof.
History: L. 1939, ch. 180, § 112; L. 1941, ch. 284, § 17; L. 1972,ch. 215, § 10; July 2.