Title 15, Chapter 9, Section 62
( 15-9-62)
(a) Whenever any costs are due the judge of the probate court by
executors, administrators, or guardians, upon failure to pay the
same on demand made, he is empowered to issue a writ of fieri facias
at any regular term of court against the executors, administrators,
or guardians for the amount due for costs at the time of the demand. (b) In all cases tried before the judge of the probate court, where
judgment has been entered, the judge is empowered to issue writs of
fieri facias for his costs therein against the party or parties
liable for costs. (c) The writs of fieri facias provided for in subsections (a) and
(b) of this Code section shall be directed "To all and singular the
sheriffs of this state" and shall be made returnable to the probate
court. (d) Whenever any illegality or other defense is filed by the
defendant or a claim is filed to the property levied on, the sheriff
shall return the writ of fieri facias and the defense or claim to
the next superior court of the county, where the issues made by the
defense or claim shall be tried as are other cases in the superior
court. |