59-1503. Time for distribution.
59-1503
59-1503. Time for distribution.If at any time prior to final settlement it appears that there issufficient money to satisfy all the demands against an estate, the executoror administrator, on order of the court, may make payment of legacies anddistribution of shares, except that specific legacies shall be firstsatisfied. If any demands are not yet barred or six months have not passedsince the date of death, no executor oradministrator shall be compelled to pay legacies or make distributionunless ordered to do so by the court and until bond or security is given bythe legatee or distributee to refund the legatee's ordistributee's due proportion of any demand whichmay afterward be established against the estate and the cost of its recovery,except that upon petition of the executor oradministrator, or upon petition of a legatee or distributee with theapproval of the executor or administrator, the court may waive therequirement that bond or security be given by the legatee or distributee.Notwithstanding the foregoing provisions of this section, whenever anyexecutor or administrator of an estate has been served prior to settlementwith an order of garnishment having the effect of attaching and creating afirst and prior lien upon any property or funds within the estate to whichany person is or may become entitled as a legatee or distributee uponsettlement and distribution of the estate, the executor or administratorshall not deliver or pay over any such property or funds to that legatee ordistributee until further order of the court from which the order ofgarnishment was issued.
History: L. 1939, ch. 180, § 114; L. 1971, ch. 194,§ 1; L. 1972, ch. 222, § 13; L. 1972, ch. 215, § 11;L. 1985, ch. 191, § 23; July 1.