Title 43 - Alabama Statutes

Section 43-2-1 Recordation of letters and bonds; transcripts as evidence.

Section 43-2-110 Limits of liability generally.

Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or 25-6-3.

Section 43-2-112 Executor or administrator of decedent who wasted or converted another decedent's assets.

Section 43-2-113 Executor de son tort.

Section 43-2-114 Resignation as defense.

Section 43-2-130 Venue; service of process.

Section 43-2-131 Limitation on actions against executor or administrator.

Section 43-2-132 Actions begun by special administrator not abated.

Section 43-2-133 Succeeding executor or administrator to be made party to civil actions.

Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non.

Section 43-2-135 Actions against survivor of two or more executors or administrators.

Section 43-2-136 Survival of actions for damages to realty.

Section 43-2-137 Action on bond.

Section 43-2-138 Action by legatee to recover legacy.

Section 43-2-139 Inventory as evidence.

Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives - Generally.

Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties.

Section 43-2-152 Enforcement of judgment rendered against decedent before his death.

Section 43-2-153 Enforcement of judgment of circuit court against representative.

Section 43-2-154 Purchase of property sold under execution.

Section 43-2-155 Right of succeeding representative to execution.

Section 43-2-170 Appointment and duties generally; term of office.

Section 43-2-171 Time delay for committing administration of estate.

Section 43-2-172 Commitment of administration to sheriff.

Section 43-2-173 Resignation and removal - Generally.

Section 43-2-174 Resignation and removal - Appointment of successor.

Section 43-2-175 Record of official acts.

Section 43-2-190 Applications for letters testamentary or of administration.

Section 43-2-191 Appointment of nonresident executor - Generally.

Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters testamentary; bond and surety.

Section 43-2-193 Appointment of nonresident administrator.

Section 43-2-194 Manner of administering and settling estate.

Section 43-2-195 Collection of debts and deposits by nonresident personal representative.

Section 43-2-196 Right to maintain actions.

Section 43-2-197 Liability to actions; venue.

Section 43-2-198 Service of process - Generally.

Section 43-2-199 Service of process - Citations or notices, etc.; return of process.

Section 43-2-20 Generally.

Section 43-2-200 Liability of sureties to execution.

Section 43-2-21 Form.

Section 43-2-210 Bond.

Section 43-2-211 Right to maintain actions and recover or receive property in state.

Section 43-2-212 Action not affected by grant of letters of administration in state; right of intervention.

Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211.

Section 43-2-214 Protection afforded by delivery of property or recovery of judgment.

Section 43-2-22 Disqualification of certain persons to serve as executor or administrator.

Section 43-2-23 Issuance of letters to married woman.

Section 43-2-230 Applications for letters of administration.

Section 43-2-231 Appointment of personal representative.

Section 43-2-232 Hearing.

Section 43-2-233 Publication of notice of presumption of death.

Section 43-2-234 Issuance of letters of administration.

Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution of assets.

Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution of parties; reopening judgments.

Section 43-2-237 Costs.

Section 43-2-238 Applicability of other laws relating to administration of decedents' estates.

Section 43-2-24 Supplemental letters for minors and married women upon removal of disability.

Section 43-2-25 Procedure for renouncing appointment.

Section 43-2-250 Appointment.

Section 43-2-251 Decree in favor of administrator ad litem.

Section 43-2-252 Execution on money decree or judgment.

Section 43-2-253 Enforcement of decree or judgment for recovery of property.

Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested.

Section 43-2-255 Duty of judge, clerk or register to make payment; penalty.

Section 43-2-256 Compensation of administrator ad litem.

Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to apply by one named.

Section 43-2-27 Letters of administration granted in stated order on failure of executor to apply, etc.

Section 43-2-270 Filing and recordation of resignation.

Section 43-2-271 Liability for assets upon resignation.

Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy.

Section 43-2-274 Appointment of administrator after final settlement.

Section 43-2-275 Removal of resident executor from state.

Section 43-2-28 Death of sole or surviving executor.

Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.

Section 43-2-290 Causes of removal generally.

Section 43-2-291 Rights terminated by sentence of imprisonment.

Section 43-2-292 Additional bond may be required; removal for default.

Section 43-2-293 Application for removal or additional bond.

Section 43-2-294 Service of citation.

Section 43-2-295 Notice by publication.

Section 43-2-296 Trial.

Section 43-2-297 Costs.

Section 43-2-298 Order to give additional bond.

Section 43-2-299 Removal or additional bond on motion of court.

Section 43-2-311 Testator may exempt executor from filing inventory or making report or final settlement.

Section 43-2-312 Contents of inventory.

Section 43-2-313 Oath upon return of inventory.

Section 43-2-318 Exhibit showing condition of estate.

Section 43-2-330 Authorization by probate court to keep estate together; term.

Section 43-2-331 Extension of time upon showing of good cause.

Section 43-2-332 When distributed share kept and worked with undivided portion of estate.

Section 43-2-333 Payment of profits to share owners.

Section 43-2-334 Order authorizing hiring of laborers - Generally.

Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing.

Section 43-2-336 Cultivation under direction of executor or administrator.

Section 43-2-337 Preceding sections not to be construed so as to conflict with will.

Section 43-2-338 Annual settlements.

Section 43-2-339 Certain rights not affected by provisions of article.

Section 43-2-350 Time and manner of filing claims - Generally.

Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound mind.

Section 43-2-352 Verification of claims.

Section 43-2-353 Revival of pending action considered as presentation.

Section 43-2-354 Notice and hearing; judgment; costs; appeals.

Section 43-2-370 Property charged with payment of debts.

Section 43-2-371 Order of preference.

Section 43-2-372 No preference among debts of same class.

Section 43-2-373 Payment of claims barred by statute of limitations.

Section 43-2-374 When executor or administrator protected in payment of debts.

Section 43-2-375 Payment of debts not due.

Section 43-2-390 Authorization to compromise or sell claims.

Section 43-2-391 Notice and hearing.

Section 43-2-392 Report.

Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.

Section 43-2-394 Compounding with and discharge of debtor.

Section 43-2-40 Generally.

Section 43-2-41 Form.

Section 43-2-410 Power of sale conferred.

Section 43-2-411 Notice of application.

Section 43-2-412 Contesting application.

Section 43-2-413 Notice of sale.

Section 43-2-414 Hours of sale.

Section 43-2-415 Terms of sale.

Section 43-2-416 When bid rejected and sale postponed.

Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency.

Section 43-2-418 Completion, gathering and sale of crops commenced by decedent.

Section 43-2-419 Sale of farm products.

Section 43-2-42 Order of grant of administration.

Section 43-2-420 Assignment or transfer of mortgages, notes or accounts.

Section 43-2-421 Stock in trade.

Section 43-2-422 Returns of accounts of sales.

Section 43-2-43 Renunciation or relinquishment of right to administration.

Section 43-2-44 Grant of administration when more than one person entitled thereto; preference of whole blood over half blood.

Section 43-2-440 Renting of lands.

Section 43-2-441 Authorization to sell - Where will exists.

Section 43-2-442 Authorization to sell - In case of intestacy.

Section 43-2-443 Authorization to sell - Sale for division.

Section 43-2-444 Application for sale.

Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad litem.

Section 43-2-446 Notice to nonresidents.

Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of shares.

Section 43-2-448 Duties and compensation of guardian ad litem and special guardian.

Section 43-2-45 Letters not granted until five days after intestate's death; examination of applicants and witnesses.

Section 43-2-450 Order of sale for payment of debts.

Section 43-2-451 Proof of facts on application to sell for division; order of sale.

Section 43-2-452 When depositions required.

Section 43-2-453 Evidence of title.

Section 43-2-454 Dismissal of application upon failure of proof.

Section 43-2-455 Advertisement of sale.

Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417.

Section 43-2-457 How purchase money secured.

Section 43-2-458 Place of sale.

Section 43-2-459 Report and examination of sale - Generally.

Section 43-2-46 Postponing issuance of letters during time for appeal.

Section 43-2-460 Report and examination of sale - Notice and hearing.

Section 43-2-461 Setting aside sale; resale.

Section 43-2-462 Confirmation of sale.

Section 43-2-463 Report of payment of purchase money.

Section 43-2-464 Conveyance.

Section 43-2-465 Right of purchaser to cite executor or administrator to report sale.

Section 43-2-467 Correction of mistake in description of lands sold.

Section 43-2-468 Sale or division of land received on compromise.

Section 43-2-47 Special administrator ad colligendum.

Section 43-2-48 Conclusiveness of letters.

Section 43-2-480 Authorization to sell.

Section 43-2-481 Application for sale.

Section 43-2-482 Notice; proceedings; order of sale.

Section 43-2-500 When annual or partial settlement required.

Section 43-2-501 When final settlement may be made.

Section 43-2-502 Filing of account, etc. - Generally.

Section 43-2-503 Filing of account, etc. - Liability for failure to file statement.

Section 43-2-504 Appointment of guardian ad litem.

Section 43-2-505 Time for settlement; notice generally.

Section 43-2-506 Settlement by consent without notice.

Section 43-2-507 Auditing of account; proof of credits.

Section 43-2-508 Satisfaction of claims.

Section 43-2-509 Liability of executor or administrator for interest or profits.

Section 43-2-510 Credit for expenses of minor distributees.

Section 43-2-511 Contest of account - Generally.

Section 43-2-512 Contest of account - Showing of failure to discharge trust, etc.

Section 43-2-513 Contest of account - Examination of witnesses.

Section 43-2-514 Contest of account - Reduction or disallowance of item.

Section 43-2-515 Contest of account - Withdrawal of item.

Section 43-2-516 Decree passing account as stated.

Section 43-2-517 Appointment and compensation of special guardian.

Section 43-2-518 Reexamination of items included in previous settlements.

Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree; reopening account.

Section 43-2-530 Authorization to compel settlement.

Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate account.

Section 43-2-532 Proceedings on settlement of account.

Section 43-2-533 Setting aside decree.

Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator.

Section 43-2-551 Making succeeding executor or administrator party to settlement.

Section 43-2-552 Decree for balance - Generally.

Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator; insolvent estates.

Section 43-2-554 When execution may be stayed.

Section 43-2-555 Stating account or compelling settlement by attachment.

Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate account.

Section 43-2-557 Proceedings on final settlement of account.

Section 43-2-558 Setting aside decree.

Section 43-2-559 Other actions not barred.

Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account and vouchers.

Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative of deceased executor or administrator party to settlement.

Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement.

Section 43-2-563 Settlement by sureties of deceased executor or administrator - Conclusiveness of settlement.

Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against sureties.

Section 43-2-580 When legatee or widow entitled to compel payment.

Section 43-2-581 Application.

Section 43-2-582 Time for hearing; notice to executor or administrator.

Section 43-2-583 Conduct of hearing; when payment or delivery directed.

Section 43-2-584 Refunding bond.

Section 43-2-585 Enforcement of payment or delivery.

Section 43-2-586 Applicability of sections 43-2-581 through 43-2-585 to widow.

Section 43-2-60 Generally; time of notice.

Section 43-2-600 When matters of controversy may be referred to arbitration.

Section 43-2-601 Consent by guardian.

Section 43-2-602 Appointment of arbitrators.

Section 43-2-603 Award - Generally.

Section 43-2-604 Award - Force and effect; execution.

Section 43-2-605 Award - Setting aside; second reference.

Section 43-2-606 Award - Objections.

Section 43-2-607 Applicability of certain sections in Title 6.

Section 43-2-61 Manner of giving notice.

Section 43-2-62 Penalty for failure to give notice.

Section 43-2-620 Orders of distribution - Generally.

Section 43-2-621 Orders of distribution - To whom directed; contents.

Section 43-2-622 Orders of distribution - Oath; return; exceptions to report.

Section 43-2-623 Confirming or setting aside distribution; when sale may be directed.

Section 43-2-624 How sale advertised and made.

Section 43-2-625 Delivery of property upon confirmation.

Section 43-2-626 Division, sale or assignment of judgments or claims.

Section 43-2-627 Setting off indebtedness of distributee or legatee.

Section 43-2-628 Discharge of executor or administrator from liability.

Section 43-2-629 Disposition of personal estate of foreign decedent.

Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.

Section 43-2-641 Authorization to make distribution - Distribution by court after six months from grant of letters.

Section 43-2-642 Contents of application.

Section 43-2-643 Time for hearing; notice.

Section 43-2-644 When distribution made; limit on amount.

Section 43-2-645 Refunding bonds - Required; terms and conditions.

Section 43-2-646 Refunding bonds - Recordation; transcript as evidence.

Section 43-2-647 Refunding bonds - Bond stands as security; action on bond.

Section 43-2-648 Refunding bonds - Rights of parties among themselves.

Section 43-2-649 Costs.

Section 43-2-660 When presumption arises.

Section 43-2-661 Petition to establish presumption.

Section 43-2-662 Notice of hearing on petition.

Section 43-2-663 Contest.

Section 43-2-664 Order after hearing.

Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement.

Section 43-2-683 Previous fees considered upon final settlement.

Section 43-2-690 Short title.

Section 43-2-691 Definitions.

Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled to personal property without administration.

Section 43-2-693 Entry of order directing summary distribution.

Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or distributees.

Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees.

Section 43-2-696 Effect of transfer pursuant to affidavit.

Section 43-2-700 Order and preference of payment of debts.

Section 43-2-701 Report of insolvency - Generally.

Section 43-2-702 Report of insolvency - Statement to be filed with report.

Section 43-2-703 Report of insolvency - Affidavit accompanying report and statement.

Section 43-2-704 Time for hearing; notice of hearing.

Section 43-2-705 Trial of issue of insolvency to be by jury.

Section 43-2-706 Payment of costs.

Section 43-2-707 Declaration of insolvency.

Section 43-2-708 Second declaration by succeeding administrator not necessary.

Section 43-2-709 Appeals.

Section 43-2-720 When creditors may make nomination; who may be nominated.

Section 43-2-721 Voting procedure generally; proof of claims required.

Section 43-2-722 Person receiving plurality appointed administrator.

Section 43-2-723 Discretion of court upon failure of creditors to attend.

Section 43-2-724 Former letters revoked upon appointment; property vested in administrator.

Section 43-2-725 Vacancy.

Section 43-2-740 Time and manner of filing claims - Generally.

Section 43-2-741 Time and manner of filing claims - Time allowed certain minors and persons of unsound mind.

Section 43-2-742 Time and manner of filing claims - Claims verified in another state.

Section 43-2-743 Time and manner of filing claims - Claims verified in foreign country.

Section 43-2-744 Receipt for claim; endorsement by judge.

Section 43-2-745 Claims docket.

Section 43-2-746 When claim allowed without further proof.

Section 43-2-747 Objections.

Section 43-2-748 Allowance of due part of claim.

Section 43-2-749 Debt not due.

Section 43-2-750 Claim allowed after partial distribution.

Section 43-2-751 Action by creditor to recover dividend.

Section 43-2-770 When settlement must be made.

Section 43-2-771 Decree.

Section 43-2-790 Application for order for sale - Generally.

Section 43-2-791 Application for order for sale - Form and contents; verification; notice to heirs and devisees.

Section 43-2-792 Action by administrator for recovery of lands.

Section 43-2-810 Continuance upon showing of insolvency.

Section 43-2-811 Special plea of insolvency.

Section 43-2-812 Judgment certified to probate court; execution for costs.

Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered.

Section 43-2-82 Liability of judge in taking bond.

Section 43-2-83 Discharge of surety; new bond.

Section 43-2-830 Devolution of estate at death; restrictions.

Section 43-2-831 Time of accrual of duties and powers.

Section 43-2-832 Priority among different letters.

Section 43-2-833 General duties; relation and liability to persons interested in estate; standing to sue.

Section 43-2-834 Personal representative to proceed without court order; exception.

Section 43-2-835 Duty of personal representative; inventory and appraisement.

Section 43-2-836 Duty of personal representative; supplementary inventory.

Section 43-2-837 Duty of personal representative; possession of estate.

Section 43-2-838 Power to avoid transfers.

Section 43-2-839 Powers of personal representatives; in general.

Section 43-2-84 Bond of applicant when administration committed to general administrator or sheriff.

Section 43-2-840 Improper exercise of power; breach of fiduciary duty.

Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

Section 43-2-842 Persons dealing with personal representative; protection.

Section 43-2-843 Transactions authorized for personal representatives; exceptions.

Section 43-2-844 Transactions authorized for personal representatives; prior court approval.

Section 43-2-845 Powers and duties of successor personal representative.

Section 43-2-846 Co-representatives; when joint action required.

Section 43-2-847 Powers of surviving personal representative.

Section 43-2-848 Compensation of personal representative.

Section 43-2-849 Expenses in estate litigation.

Section 43-2-85 Bond of general administrator.

Section 43-2-850 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate.

Section 43-2-851 Bond.

Section 43-2-852 Terms and requirements of bonds.

Section 43-2-853 Application to existing estates.

Section 43-2-854 Avoiding conflicts of law.

Section 43-2-86 Additional bond of general administrator.

Section 43-2-87 Additional bond of sheriff.

Section 43-2-88 When sureties discharged by additional bond.

Section 43-2-89 Force and obligations of former bonds continued.

Section 43-2-90 Rights of sureties among themselves.

Section 43-2-91 Bonds valid and operative as statutory bonds.

Section 43-2-92 Conditional execution or delivery of bond.

Section 43-2-93 Reducing amount of bond.