Title 53, Chapter 7, Section 62
( 53-7-62)
(a) Any person interested as an heir or beneficiary of an estate or
the probate court may, after the expiration of six months from the
granting of letters, cite the personal representative to appear
before the probate court for a settlement of accounts.
Alternatively, if the personal representative chooses, the personal
representative may cite all the heirs or beneficiaries to be present
at the settlement of the personal representative's accounts by the
court. The settlement shall be conclusive upon the personal
representative and upon all the heirs or beneficiaries who receive
notice of the hearing. The court may, in the court's discretion,
give the personal representative additional time to settle the
estate. (b) If the personal representative fails or refuses to appear as
cited, the probate court may proceed without the appearance of the
personal representative. If the personal representative has been
required to give bond, the surety on such bond shall be bound by the
settlement if the surety is given notice by personal service of the
settlement proceeding in the probate court. If one or more
unsuccessful attempts at service are made by the sheriff or the
sheriff's deputies upon the personal representative at the last
address of the personal representative in the court records and it
appears to the probate court that further attempts are likely to be
futile, then service shall be sufficient upon the personal
administrator for purposes of this Code section if the citation is
mailed by first-class mail to such address. (c) Any party to the settlement shall have the right to appeal. |