After the settlement of any administrator's or executor's account, the probate court may compel the personal representative to pay into the office of the clerk the balance found against the personal representative, and may, on motion of the clerk or any surviving spouse, distributee, or legatee, after twenty (20) days' notice to the personal representative, award summarily an execution against the representative and the personal representative's sureties for the amount of the balance, as in case of a judgment at law, and when any specific thing is to be done, the probate court may compel the representative, by an order, to perform it, and by process of contempt in case of refusal.
Code 1858, § 2307; Acts 1871, ch. 51, § 1; Shan., § 4043; Code 1932, § 8256; T.C.A. (orig. ed.), § 30-1113.
Cross-References. Suit for distributive share or legacy, §30-2-710.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 847.