Code of Alabama - Title 43: Wills and Decedents' Estates - Chapter 2 - Administration of Estates

• Article 1 General Provisions.
• Section 43-2-1 Recordation of letters and bonds; transcripts as evidence
  All letters testamentary and of administration, general or special, and the bonds given by executors and administrators must be recorded by the judge of probate....
• Article 2 Grant of Letters Testamentary of Administration.
• Division 1 Grant of Letters Testamentary.
• Section 43-2-20 Generally
  Whenever a will has been admitted to probate in this state, the judge of the court in which the will was probated may issue letters...
• Section 43-2-21 Form
  Letters testamentary may be substantially in the following form: The State of Alabama, } Court of Probate ___________ County} The will of ______, having been...
• Section 43-2-22 Disqualification of certain persons to serve as executor or administrator
  (a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been...
• Section 43-2-23 Issuance of letters to married woman
  It shall not be necessary, in order for letters testamentary to issue to a married woman, for her husband to consent thereto; and the husband...
• Section 43-2-24 Supplemental letters for minors and married women upon removal of disability
  If the disability of a person under age or of a married woman named as executor in any will is removed before the administration of...
• Section 43-2-25 Procedure for renouncing appointment
  Any person named as executor in a will may renounce such appointment by appearing before the judge of probate and declaring such renunciation, which must...
• Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to apply by one named
  If any person named as executor in the will renounces his appointment or fails to apply for letters testamentary within 30 days after probate and...
• Section 43-2-27 Letters of administration granted in stated order on failure of executor to apply, etc
  If no person is named in the will as executor, or if named executors, one or more, all renounce or fail to apply within 30...
• Section 43-2-28 Death of sole or surviving executor
  No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving...
• Section 43-2-29 Grant of letters testamentary after revocation of letters of administration
  (a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims...
• Division 2 Grant of Letters of Administration.
• Section 43-2-40 Generally
  Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate, as follows: (1) Where...
• Section 43-2-41 Form
  Letters of administration may be substantially in the following form: The State of Alabama, } ___________ County.} Court of Probate. Letters of administration on the...
• Section 43-2-42 Order of grant of administration
  (a) Administration of an intestate's estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory...
• Section 43-2-43 Renunciation or relinquishment of right to administration
  (a) Any person entitled to administration may relinquish his right thereto in the same manner as executors are authorized to renounce their appointment. (b) If...
• Section 43-2-44 Grant of administration when more than one person entitled thereto; preference of whole blood over half blood
  If several persons of the same degree of kindred to the intestate, computed by the rules of the civil law, are entitled to the administration,...
• Section 43-2-45 Letters not granted until five days after intestate's death; examination of applicants and witnesses
  No letters of administration must be granted until the expiration of five days after the death of the intestate is known; and the court may,...
• Section 43-2-46 Postponing issuance of letters during time for appeal
  When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment...
• Section 43-2-47 Special administrator ad colligendum
  (a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a...
• Section 43-2-48 Conclusiveness of letters
  Letters testamentary or of administration and letters to a special administrator or to any general administrator, sheriff or coroner, granted by any court having jurisdiction,...
• Article 3 Notice of Appointment of Executors or Administrators.
• Section 43-2-60 Generally; time of notice
  The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court,...
• Section 43-2-61 Manner of giving notice
  Notice, as prescribed in section 43-2-60, must be given: (1) By first-class mail addressed to their last known address, or by other mechanism reasonably calculated...
• Section 43-2-62 Penalty for failure to give notice
  It is the duty of the judge of probate to see that such publication is duly made; and any executor or administrator failing to make...
• Article 4 Bonds of Executors and Administrators.
• Section 43-2-82 Liability of judge of probate, etc., in taking bond
  When a party is required to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable for...
• Section 43-2-83 Discharge of surety; new bond
  (a) Upon the application in writing of any surety or sureties upon the bond of an executor or administrator requesting to be discharged from any...
• Section 43-2-84 Bond of applicant when administration committed to general administrator or sheriff
  (a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless...
• Section 43-2-85 Bond of general administrator
  The general administrator of a county must give bond, with at least two sufficient sureties or a sufficient guaranty or surety company, in an amount...
• Section 43-2-86 Additional bond of general administrator
  An additional bond may also be required of the general administrator, whenever the judge of probate deems it necessary to secure the interests of the...
• Section 43-2-87 Additional bond of sheriff
  When the administration of any estate is committed to the sheriff, the judge of probate, at such time or at any time thereafter, while the...
• Section 43-2-88 When sureties discharged by additional bond
  When an additional bond is given on the application of the surety of an executor or administrator, such surety is discharged as to all breaches...
• Section 43-2-89 Force and obligations of former bonds continued
  When the additional bond is not given on the application of a surety, the former bonds are not discharged, but each remains of the same...
• Section 43-2-90 Rights of sureties among themselves
  The sureties in either bond, who have been compelled to make any payment thereon for the principal obligor, on a breach subsequent to the execution...
• Section 43-2-91 Bonds valid and operative as statutory bonds
  The bond of the general administrator of the county or of any executor or administrator is valid and operative as a statutory bond and is...
• Section 43-2-92 Conditional execution or delivery of bond
  A surety on the bond of the general administrator of the county or on the bond of any executor or administrator cannot avoid liability thereon...
• Section 43-2-93 Reducing amount of bond
  Upon the filing of any partial settlement by the executor under a will, or the administrator of the estate of a deceased person, in the...
• Article 5 Liability of Executors and Administrators.
• Section 43-2-110 Limits of liability generally
  No executor or administrator is liable, except in the case provided by section 43-2-62, beyond the amount of assets which have come to his hands...
• Section 43-2-111 Liability for damages recovered under sections 6-5-391, 6-5-410 or 25-6-3
  The personal representative and the sureties on his bond are liable to the parties in interest for the due and legal distribution of all damages...
• Section 43-2-112 Executor or administrator of decedent who wasted or converted another decedent's assets
  The executor or administrator of any decedent who, as executor, administrator or otherwise, has wasted or converted to his own use any assets of any...
• Section 43-2-113 Executor de son tort
  No person is liable to an action, as executor of his own wrong, for having taken, received or interfered with the property of a deceased...
• Section 43-2-114 Resignation as defense
  No executor or administrator can allege his resignation in defense to any action or proceeding without an averment that he has settled his administration and...
• Article 6 Actions by and Against Executors and Administrators.
• Division 1 General Provisions.
• Section 43-2-130 Venue; service of process
  Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service...
• Section 43-2-131 Limitation on actions against executor or administrator
  No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration,...
• Section 43-2-132 Actions begun by special administrator not abated
  Civil actions commenced by a special administrator do not abate by the appointment of an executor or administrator in chief, but may be prosecuted by...
• Section 43-2-133 Succeeding executor or administrator to be made party to civil actions
  When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any...
• Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non
  In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is...
• Section 43-2-135 Actions against survivor of two or more executors or administrators
  If any one of two or more executors or administrators, against whom a civil action is pending, die during the pendency of the action, it...
• Section 43-2-136 Survival of actions for damages to realty
  All proceedings to ascertain damages done to real property survive to the executors or administrators.
• Section 43-2-137 Action on bond
  Civil actions may be brought or proceedings had on any bond given by an executor or administrator, as such, in the name of the party...
• Section 43-2-138 Action by legatee to recover legacy
  Any legatee, after six months from the grant of letters testamentary or of administration, with the will annexed, may bring a civil action and recover...
• Section 43-2-139 Inventory as evidence
  In an action against an executor or administrator, in which the fact of his having administered the estate of his testator or intestate, or any...
• Division 2 Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.
• Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives - Generally
  All judgments, orders, and decrees of the probate court against an executor or administrator for the payment of money may be enforced by execution or...
• Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives - Liability of sureties
  When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any...
• Section 43-2-152 Enforcement of judgment rendered against decedent before his death
  When a judgment has been entered against a decedent before his death, no execution can issue thereon against his personal representative, except in the case...
• Section 43-2-153 Enforcement of judgment of circuit court against representative
  When any judgment is entered in the circuit court against any executor or administrator, as such, and an execution thereon has been returned "no property"...
• Section 43-2-154 Purchase of property sold under execution
  The executor or administrator of any decedent may purchase for the estate property sold under any judgment of the circuit court or under any execution...
• Section 43-2-155 Right of succeeding representative to execution
  Any subsequent administrator, or administrator with the will annexed, may have execution on any judgment recovered by any person who preceded him in the administration...
• Article 7 County or General Administrators.
• Section 43-2-170 Appointment and duties generally; term of office
  Each judge of probate must appoint a suitable person as a general administrator within his county, who must take charge of the estates of deceased...
• Section 43-2-171 Time delay for committing administration of estate
  The administration of an estate must not be committed to the general administrator or to the sheriff, except as special administrator, until the death of...
• Section 43-2-172 Commitment of administration to sheriff
  In case there is no general administrator and no other fit person will administer, the court may commit administration to the sheriff of the county;...
• Section 43-2-173 Resignation and removal - Generally
  (a) The general administrator may be removed for the same causes as other administrators. Such removal may be made by the judge of probate without...
• Section 43-2-174 Resignation and removal - Appointment of successor
  Upon the resignation or removal of a general administrator from office, the judge of the probate court of the proper county must proceed to appoint...
• Section 43-2-175 Record of official acts
  The general administrator must, from time to time, enter, in a well-bound book to be supplied by the court of county commissioners, a full and...
• Article 8 Nonresidents as Executors and Administrators.
• Section 43-2-190 Applications for letters testamentary or of administration
  The application filed by a nonresident for letters testamentary or of administration must set forth his name and post-office address; but the address so given...
• Section 43-2-191 Appointment of nonresident executor - Generally
  Judges of probate are authorized to issue letters testamentary to persons named as executors in wills regularly probated who are nonresidents of this state, upon...
• Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters testamentary; bond and surety
  When the will has been probated in another state or territory, before issuing letters testamentary thereon to a nonresident executor, the judge of probate must...
• Section 43-2-193 Appointment of nonresident administrator
  When any nonresident dies, leaving assets in this state, if no application for letters of administration is made by a relative or creditor entitled thereto,...
• Section 43-2-194 Manner of administering and settling estate
  When letters are granted to a nonresident executor or administrator, the assets of the estate upon which such letters are granted, which may be within...
• Section 43-2-195 Collection of debts and deposits by nonresident personal representative
  The personal representative of a deceased person, by appointment of a court having jurisdiction in any state other than the state of Alabama, may receive...
• Section 43-2-196 Right to maintain actions
  Nonresident executors or administrators appointed under the provisions of this article may, by giving security for costs as required by law of nonresidents, bring and...
• Section 43-2-197 Liability to actions; venue
  Civil actions may be brought against nonresident executors and administrators in their representative character, in all cases, in the county in which letters were granted.
• Section 43-2-198 Service of process - Generally
  Service of summons or other process may be made upon nonresident executors and administrators personally if found within the state. Such service may be made...
• Section 43-2-199 Service of process - Citations or notices, etc.; return of process
  Citations to make settlements and other citations or notices to such nonresident executors and administrators, and all writs or legal process, including executions on decrees...
• Section 43-2-200 Liability of sureties to execution
  Upon the return of an execution as provided in section 43-2-199 and, further, that no property of such executor or administrator, or property not sufficient...
• Article 9 Foreign Executors and Administrators.
• Section 43-2-210 Bond
  The judge of probate, in determining the amount of the bond which such executor or administrator should give, may examine him on oath; and such...
• Section 43-2-211 Right to maintain actions and recover or receive property in state
  Any executor or administrator who has obtained letters testamentary or of administration on the estate of a person who was not, at the time of...
• Section 43-2-212 Action not affected by grant of letters of administration in state; right of intervention
  No civil action brought by any foreign executor or administrator, under the provisions of section 43-2-211, must be abated, barred or affected by the grant...
• Section 43-2-213 Plaintiff required to prove compliance with section 43-2-211
  Before a judgment is rendered in a civil action brought by such foreign executor or administrator, the plaintiff must prove that he has complied in...
• Section 43-2-214 Protection afforded by delivery of property or recovery of judgment
  A delivery of property or the recovery of judgment, under the provisions of section 43-2-211, is a protection to the defendant or to the person...
• Article 10 Administration of Estates of Persons Presumed Dead.
• Section 43-2-230 Applications for letters of administration
  Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the...
• Section 43-2-231 Appointment of personal representative
  It shall be lawful for the respective probate courts of this state to appoint a personal representative of the estates of persons who are presumed...
• Section 43-2-232 Hearing
  At the hearing, the probate court shall take such legal evidence as shall then be offered for the purpose of ascertaining whether the presumption of...
• Section 43-2-233 Publication of notice of presumption of death
  If satisfied upon the hearing that the legal presumption of death is made out, the court shall so decree and shall forthwith cause notice thereof...
• Section 43-2-234 Issuance of letters of administration
  If, within the period of said 12 weeks, evidence satisfactory to the probate court of the continuance in life of the said decedent shall not...
• Section 43-2-236 Revocation of letters upon proof that supposed decedent is alive - Substitution of parties; reopening judgments
  After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as...
• Section 43-2-235 Revocation of letters upon proof that supposed decedent is alive - Distribution of assets
  The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after...
• Section 43-2-237 Costs
  The costs attending the issue of letters, or their revocation, shall be paid out of the estate of the supposed decedent. Costs arising upon an...
• Section 43-2-238 Applicability of other laws relating to administration of decedents' estates
  All laws in this state with respect to procedure in the administration of estates of deceased persons which are not in conflict with the provisions...
• Article 11 Administrators Ad Litem.
• Section 43-2-250 Appointment
  When, in any proceeding in any court, the estate of a deceased person must be represented, and there is no executor or administrator of such...
• Section 43-2-251 Decree in favor of administrator ad litem
  When, in such proceedings, the estate represented by the administrator ad litem is entitled to a decree or judgment for the recovery of money or...
• Section 43-2-252 Execution on money decree or judgment
  When such decree or judgment is for the recovery of money and the estate has no executor or administrator, execution shall issue thereon in favor...
• Section 43-2-253 Enforcement of decree or judgment for recovery of property
  When such decree or judgment is for the recovery of real or personal property and the estate has no executor or administrator, no writ of...
• Section 43-2-254 Enforcement of decree or judgment when administrator adversely interested
  When such administrator ad litem is appointed on account of the adverse interest of the executor or administrator, and the decree or judgment is rendered...
• Section 43-2-255 Duty of judge, clerk or register to make payment; penalty
  It shall be the duty of the judge of probate, clerk or register receiving the money to pay over the same, less one half of...
• Section 43-2-256 Compensation of administrator ad litem
  Such administrator ad litem must be allowed for his services such compensation as the judge of probate or judge of the circuit court appointing him...
• Article 12 Resignation, Removal, etc., of Executors or Administrators.
• Division 1 General Provisions.
• Section 43-2-270 Filing and recordation of resignation
  An executor or administrator may, by a writing subscribed by him, resign; and his resignation must be filed and entered of record in the court...
• Section 43-2-271 Liability for assets upon resignation
  In case of resignation, the executor or administrator and his sureties are bound for all the assets not administered, which have not been delivered over...
• Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy
  (a) If the sole executor or all the executors die, resign or are removed, the probate court having jurisdiction of the estate must grant letters...
• Section 43-2-274 Appointment of administrator after final settlement
  After a final settlement, there being personally not administered which requires an administrator for the proper disposition thereof, the judge of probate of the proper...
• Section 43-2-275 Removal of resident executor from state
  The removal of any resident executor from this state to any other state or territory of the United States shall not be cause for his...
• Division 2 Removal and Proceedings to Require New or Additional Bond.
• Section 43-2-290 Causes of removal generally
  An administrator may be removed, and his letters revoked for his removal from the state; and an administrator or executor may be removed and his...
• Section 43-2-291 Rights terminated by sentence of imprisonment
  A sentence of imprisonment in the penitentiary, imprisonment in the county jail or hard labor for the county, for a term of 12 months or...
• Section 43-2-292 Additional bond may be required; removal for default
  An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his letters revoked, in the...
• Section 43-2-293 Application for removal or additional bond
  Application for the removal of any executor or administrator, or for an additional bond, must be in writing, verified by oath, must specify the grounds...
• Section 43-2-294 Service of citation
  A citation to such executor or administrator to appear and answer the application on a day specified therein must be served on him five days...
• Section 43-2-295 Notice by publication
  If such executor or administrator is not an inhabitant of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to...
• Section 43-2-296 Trial
  On the day specified in the citation, or after publication as required, or on any day thereafter to which the hearing may be continued, the...
• Section 43-2-297 Costs
  If the application is determined against the applicant, he, otherwise the executor or administrator, must be taxed with the costs, for which execution may be
• Section 43-2-298 Order to give additional bond
  If an additional bond is required by the court, an order must be made to that effect, allowing such time to give the same as...
• Section 43-2-299 Removal or additional bond on motion of court
  Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be...
• Article 13 Collection, Inventory, and Appraisement of Personal Property.
• Section 43-2-311 Testator may exempt executor from filing inventory or making report or final settlement
  Any testator may, by express provision in his will to that effect, exempt an executor from filing an inventory or making any report or final...
• Section 43-2-312 Contents of inventory
  The inventory must set forth the property, enumerating each item separately, all debts or demands due or accruing to the decedent, the time such debts...
• Section 43-2-313 Oath upon return of inventory
  On the return of the inventory, the executor or administrator must take and subscribe an oath, to be administered by the judge of probate, or...
• Section 43-2-318 Exhibit showing condition of estate
  Six months after his appointment, and at any time thereafter when required by the court, either upon its own motion or upon the application of...
• Article 14 Keeping Estates Together.
• Section 43-2-330 Authorization by probate court to keep estate together; term
  The probate court may authorize the executor or administrator, on application made and good cause shown, to keep the real and personal estate, or any...
• Section 43-2-331 Extension of time upon showing of good cause
  Whenever any executor or administrator has kept an estate together, under the order of the probate court, for 10 years, the time may be extended...
• Section 43-2-332 When distributed share kept and worked with undivided portion of estate
  When a share or shares of real or personal property of any decedent is or are set apart or distributed to any widow, heir at...
• Section 43-2-333 Payment of profits to share owners
  The executor or administrator must pay, at the end of each year, to the owner or owners of such share or shares a proportionate share...
• Section 43-2-334 Order authorizing hiring of laborers - Generally
  The probate court has power to grant orders authorizing administrators, in cases of intestacy, to hire a sufficient number of laborers to keep up and...
• Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing
  Before granting such order, the court must require the administrator to file a petition under oath, setting forth the facts upon which the application is...
• Section 43-2-336 Cultivation under direction of executor or administrator
  When the estate of any decedent is kept together the real estate may be cultivated under the direction of the executor or administrator.
• Section 43-2-337 Preceding sections not to be construed so as to conflict with will
  The provisions of the preceding sections of this article must not be so construed as to conflict with the will of the testator.
• Section 43-2-338 Annual settlements
  (a) The executor or administrator must make annual settlements of such estates, as required in other cases, and in such settlements he must show how...
• Section 43-2-339 Certain rights not affected by provisions of article
  The provisions of this article in relation to keeping estates together must not be so construed as to affect the rights of creditors, or to...
• Article 15 Claims and Debts.
• Division 1 Presentation.
• Section 43-2-350 Time and manner of filing claims - Generally
  (a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the...
• Section 43-2-351 Time and manner of filing claims - Exception as to minors or persons of unsound mind
  The provisions of subsection (b) of section 43-2-350 do not apply to minors or persons of unsound mind who have no legal guardian at the...
• Section 43-2-352 Verification of claims
  The presentation must be made by filing a verified claim, or a verified statement thereof, in the office of the judge of probate in which...
• Section 43-2-353 Revival of pending action considered as presentation
  The revival of any action pending against any person at the time of his death, which by law survives against his personal representative, by notice...
• Section 43-2-354 Notice and hearing; judgment; costs; appeals
  The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a...
• Division 2 Payment and Preference.
• Section 43-2-370 Property charged with payment of debts
  All the property of the decedent, except as otherwise provided, is charged with the payment of his debts, and, if necessary, may be sold for...
• Section 43-2-371 Order of preference
  The debts against the estates of decedents are to be paid in the following order: (1) The funeral expenses. (2) The fees and charges of...
• Section 43-2-372 No preference among debts of same class
  No executor or administrator must, before the expiration of six months from the grant of letters, give a preference in the payment of any debt...
• Section 43-2-373 Payment of claims barred by statute of limitations
  No claim against the estate of a decedent whether in favor of the personal representative or any other person, which was barred by the statute...
• Section 43-2-374 When executor or administrator protected in payment of debts
  The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him to the...
• Section 43-2-375 Payment of debts not due
  Any debt not due, which has been presented, may be paid by an executor or administrator after six months from the grant of letters, and...
• Division 3 Sale, Compromise, and Settlement.
• Section 43-2-390 Authorization to compromise or sell claims
  The probate court having jurisdiction of the estate may authorize any executor or administrator to compromise or sell any bad or doubtful claim due the...
• Section 43-2-391 Notice and hearing
  Such application must not be heard until 10 days after the filing thereof, and notice thereof may be given to some person adversely interested whenever...
• Section 43-2-392 Report
  The executor or administrator shall make report, in writing and under oath, of such sale or compromise within 30 days thereafter; and when such report...
• Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt
  Any executor or administrator, by authority of the probate court given on his written application, may, in his representative capacity, give his note, bond or...
• Section 43-2-394 Compounding with and discharge of debtor
  Whenever a debtor of the decedent is unable to pay all his debts, the executor or administrator, with the approbation of the court or judge...
• Article 16 Sale of Personal Property.
• Section 43-2-410 Power of sale conferred
  Any part of the personal property of a decedent, including land warrants and choses in action, may be sold only by order of the court,...
• Section 43-2-411 Notice of application
  Notice of such application must be given to some person adversely interested in such manner, and for such length of time, not less than three...
• Section 43-2-412 Contesting application
  Any person interested may appear and contest such application, and show that no sale is required, or that it is more for the interest of...
• Section 43-2-413 Notice of sale
  When the application is granted for the sale of any personal property, the executor or administrator must give notice of the day, place and terms...
• Section 43-2-414 Hours of sale
  Such sale must not commence before 11:00 A.M., nor continue longer than 4:00 P.M.; and, if not completed within those hours, it may be continued...
• Section 43-2-415 Terms of sale
  Such sale may be for cash or on credit not exceeding 12 months, as the court may direct; and if on credit, notes or bonds,...
• Section 43-2-416 When bid rejected and sale postponed
  When the highest amount bid for the property, or any part thereof, is, in the opinion of the executor or administrator, greatly less than its...
• Section 43-2-417 Resale upon failure of purchaser to comply with terms; liability for deficiency
  If the purchaser fails to comply with the terms of the sale, the executor or administrator may again proceed to advertise and sell the property....
• Section 43-2-418 Completion, gathering and sale of crops commenced by decedent
  Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom,...
• Section 43-2-419 Sale of farm products
  All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him at public or...
• Section 43-2-420 Assignment or transfer of mortgages, notes or accounts
  Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes or accounts belonging to a decedent, provided he receives...
• Section 43-2-421 Stock in trade
  (a) When any person engaged in mercantile business dies, leaving a stock of goods, wares and merchandise, and leaving no surviving partner in such business,...
• Section 43-2-422 Returns of accounts of sales
  All accounts of sales of personalty made by the executor or administrator must be returned on oath, within 30 days after such sale, and must...
• Article 17 Renting and Sale of Real Estate.
• Division 1 For Payment of Debts and for Division.
• Section 43-2-441 Authorization to sell - Where will exists
  Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no...
• Section 43-2-440 Renting of lands
  The executor or administrator may rent the decedent's lands at public outcry, or, when the interest of the estate requires it, privately; and such rent...
• Section 43-2-442 Authorization to sell - In case of intestacy
  In case of intestacy, lands may be sold by the administrator for the payment of debts.
• Section 43-2-443 Authorization to sell - Sale for division
  Lands of an estate may be sold by order of the probate court having jurisdiction of the estate when the same cannot be equitably divided...
• Section 43-2-444 Application for sale
  The application for the sale of lands, either for payment of debts or for division, must be made by the executor or administrator in writing,...
• Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad litem
  (a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must...
• Section 43-2-446 Notice to nonresidents
  If any of the heirs or devisees reside out of this state, such heirs or devisees may be brought into court by publication, once a...
• Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of shares
  If it shall be averred in an application for the sale of lands for the payment of debts or for division, that the names of...
• Section 43-2-448 Duties and compensation of guardian ad litem and special guardian
  The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and,...
• Section 43-2-450 Order of sale for payment of debts
  On the hearing of such application, and when the application is by an executor or administrator with the will annexed, that no power is given...
• Section 43-2-451 Proof of facts on application to sell for division; order of sale
  The facts stated in an application to sell land for distribution may be proved or disproved by the deposition of disinterested witnesses, or by oral...
• Section 43-2-452 When depositions required
  No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there...
• Section 43-2-453 Evidence of title
  In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed...
• Section 43-2-454 Dismissal of application upon failure of proof
  If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which...
• Section 43-2-455 Advertisement of sale
  When the application for the sale of land for the payment of debts or division is granted and the land directed to be sold, the...
• Section 43-2-456 Applicability of sections 43-2-414, 43-2-416 and 43-2-417
  Sections 43-2-414, 43-2-416 and 43-2-417 are applicable to sales of real estate.
• Section 43-2-457 How purchase money secured
  The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money
• Section 43-2-458 Place of sale
  Lands may be sold at such place in the county where they lie, as the court may direct; and if they lie in one body,...
• Section 43-2-459 Report and examination of sale - Generally
  The executor or administrator must, within 30 days after such sale, report on oath his proceedings to the court, which report must show whether or...
• Section 43-2-460 Report and examination of sale - Notice and hearing
  If it appears from the report of the personal representative provided for in section 43-2-459 that he has a personal interest in such sale, or...
• Section 43-2-461 Setting aside sale; resale
  (a) If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or...
• Section 43-2-462 Confirmation of sale
  Whenever the court is satisfied that such sale was fairly conducted, and the land sold for an amount not greatly less than its real value,...
• Section 43-2-463 Report of payment of purchase money
  When lands have been sold on credit, and when the whole of the purchase money has been paid, the executor or administrator must, within 30...
• Section 43-2-464 Conveyance
  After such confirmation, and when the whole of the purchase money has been paid by the purchaser, or his heirs, or any other person holding...
• Section 43-2-465 Right of purchaser to cite executor or administrator to report sale
  (a) If the executor or administrator fails, within the time required by law, to report any sale of lands made by him under the provisions...
• Section 43-2-467 Correction of mistake in description of lands sold
  (a) When a mistake has been made in the description of lands of a decedent sold in good faith under an order of the probate...
• Section 43-2-468 Sale or division of land received on compromise
  Real estate received by an executor or administrator in payment of any bad or doubtful claim, on a compromise of such claim made under an...
• Division 2 Sale of Land for Payment of Legacies.
• Section 43-2-480 Authorization to sell
  Lands of an estate may be ordered sold by the probate court having jurisdiction of the estate for the payment of pecuniary legacies, when such...
• Section 43-2-481 Application for sale
  The application for the sale of lands for the payment of legacies must be made by the executor by petition, verified by affidavit, to the...
• Section 43-2-482 Notice; proceedings; order of sale
  Notice of the filing of such petition must be given as provided by law on petition by the personal representative to sell lands for division...
• Article 18 Settlements and Distributions.
• Division 1 General Provisions.
• Section 43-2-500 When annual or partial settlement required
  Every executor or administrator must make annual settlements of his administration; and he may, when necessary for the interests of the estate, be required to...
• Section 43-2-501 When final settlement may be made
  Final settlement may be made at any time after six months from the grant of letters, if the debts are all paid and the condition...
• Section 43-2-502 Filing of account, etc. - Generally
  In making settlements of an administration, the executor or administrator must proceed as follows: He must make out an account between himself and the estate...
• Section 43-2-503 Filing of account, etc. - Liability for failure to file statement
  If such statement is not filed, the executor or administrator and his sureties are liable for all damages arising therefrom.
• Section 43-2-504 Appointment of guardian ad litem
  The court must appoint a competent attorney-at-law as guardian ad litem to represent the interests of minors and persons of unsound mind interested in such
• Section 43-2-505 Time for settlement; notice generally
  (a) Upon the filing of such account, vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement, and must give...
• Section 43-2-506 Settlement by consent without notice
  In any case in which an administration is conducted pursuant to letters testamentary or letters of administration with the will annexed granted in this state...
• Section 43-2-507 Auditing of account; proof of credits
  On the day appointed or any other day to which the settlement is continued, the court must proceed to examine and audit the account; and,...
• Section 43-2-508 Satisfaction of claims
  Any judge of probate, clerk or register of any circuit court or officer of any other court in Alabama having jurisdiction of partial or final...
• Section 43-2-509 Liability of executor or administrator for interest or profits
  If any executor or administrator uses any of the funds of the estate for his own benefit, he is accountable for any profit made thereon...
• Section 43-2-510 Credit for expenses of minor distributees
  (a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his hands, may defray the necessary and...
• Section 43-2-511 Contest of account - Generally
  Any person interested may appear and contest any item of the account and may examine the executor or administrator or any other witness and may...
• Section 43-2-512 Contest of account - Showing of failure to discharge trust, etc
  Upon final settlement, any person contesting may also show that the executor or administrator has failed to charge himself with or to account for all...
• Section 43-2-513 Contest of account - Examination of witnesses
  The depositions of witnesses may be taken on interrogatories and read in evidence, or witnesses examined orally, by any party to the settlement, in the...
• Section 43-2-514 Contest of account - Reduction or disallowance of item
  If any item as charged by the executor or administrator is reduced or not allowed, the costs of the contest in relation to such item...
• Section 43-2-515 Contest of account - Withdrawal of item
  The executor or administrator may, before the decision of the court on any item, withdraw the same; but in such case he must pay the...
• Section 43-2-516 Decree passing account as stated
  On auditing the account, the court must state the same and render a decree passing it as stated; and the same must be recorded.
• Section 43-2-517 Appointment and compensation of special guardian
  The jurisdiction of the probate court to make partial or final settlements or distributions of the estates of decedents is not affected by the fact...
• Section 43-2-518 Reexamination of items included in previous settlements
  Upon the final settlement, any item of account included in any previous settlement may be reexamined; but its allowance in the previous settlement is presumptive...
• Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree; reopening account
  Whenever any administrator or executor shall file any annual, partial or final settlement in any court having jurisdiction thereof, the court shall, at the request...
• Division 2 Compelling Settlement by Existing Executor or Administrator.
• Section 43-2-530 Authorization to compel settlement
  Any executor or administrator may be required by citation to file his accounts and vouchers and to make a settlement, notwithstanding any provision in any...
• Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate account
  After stating such account, the court must issue a citation to such executor or administrator to appear on a day therein named and file his...
• Section 43-2-532 Proceedings on settlement of account
  On the day appointed for auditing such account, any person may attend on the part of such executor or administrator and show that he is...
• Section 43-2-533 Setting aside decree
  If, however, such executor or administrator appears and files his accounts and vouchers for settlement and pays such costs as have accrued upon the proceedings...
• Division 3 Compelling Settlement of Executor or Administrator Whose Authority Has Ceased.
• Section 43-2-550 Final settlement required following death, removal or resignation of executor or administrator
  When an executor or administrator dies, resigns or is removed, or his letters are revoked, or his authority ceases from any cause, he must within...
• Section 43-2-551 Making succeeding executor or administrator party to settlement
  The remaining or succeeding executor or administrator of the estate of the decedent, if there be one, must be made a party to such settlement...
• Section 43-2-552 Decree for balance - Generally
  If there remains any act of administration to be done, other than making settlement and distribution or payment of legacies, and there is a remaining...
• Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator; insolvent estates
  If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator,...
• Section 43-2-554 When execution may be stayed
  The probate court may stay execution on any decree rendered under the provisions of section 43-2-553, for any time not exceeding six months, if, in...
• Section 43-2-555 Stating account or compelling settlement by attachment
  If such outgoing executor or administrator or, if dead, his personal representative or, in case of his removal from the state, his sureties fail to...
• Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate account
  After stating such account, the court must issue citation to such executor or administrator or, if dead, to his personal representative or, in case of...
• Section 43-2-557 Proceedings on final settlement of account
  On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his...
• Section 43-2-558 Setting aside decree
  If, however, such executor or administrator or, if dead, his personal representative or, in event of his removal from the state, his sureties appear and...
• Section 43-2-559 Other actions not barred
  The proceedings for the settlement of the accounts of deceased or outgoing executors or administrators provided for in this division do not prevent any action...
• Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account and vouchers
  In case of the death of an executor or administrator who had not made a final settlement of his executorship or administration, and where letters...
• Section 43-2-561 Settlement by sureties of deceased executor or administrator - Making representative of deceased executor or administrator party to settlement
  Should an administrator or executor of such deceased executor or administrator be appointed at any time before final decree, any party to the proceeding may,...
• Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for order requiring sureties to make settlement
  In any case where an executor or administrator shall die without having made a final settlement of his administration and a successor is appointed, such...
• Section 43-2-563 Settlement by sureties of deceased executor or administrator - Conclusiveness of settlement
  In all such cases provided for in section 43-2-562, the settlement therein provided for shall be final and conclusive against such sureties save the right...
• Section 43-2-564 Settlement by sureties of deceased executor or administrator - Execution against sureties
  Execution and all other final process may issue against the said sureties on said bond to enforce said judgments.
• Division 4 Compelling Payment of Legacies.
• Section 43-2-580 When legatee or widow entitled to compel payment
  After the expiration of six months from the grant of letters testamentary, or of administration, with the will annexed, if there are more than sufficient...
• Section 43-2-581 Application
  The application for such purpose must be in writing, verified by affidavit; must set forth the applicant's claim and must allege a sufficiency of assets...
• Section 43-2-582 Time for hearing; notice to executor or administrator
  The court must appoint a day for hearing such application, and a citation must be issued and served on the executor or administrator notifying him...
• Section 43-2-583 Conduct of hearing; when payment or delivery directed
  On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same;...
• Section 43-2-584 Refunding bond
  Such refunding bond must be payable to the executor or administrator with the will annexed and must be in double the amount directed to be...
• Section 43-2-585 Enforcement of payment or delivery
  If the legacy is not payable in money, the value thereof as ascertained under section 43-2-584 must be entered of record; and, if the amount...
• Section 43-2-586 Applicability of sections 43-2-581 through 43-2-585 to widow
  Sections 43-2-581 through 43-2-585 apply to the widow who has dissented from her husband's will and seeks to compel the payment of her distributive share...
• Division 5 Arbitration on Settlement of Estates.
• Section 43-2-600 When matters of controversy may be referred to arbitration
  On the settlement of the estate of a decedent, when such estate is free from debt, the probate court in which such settlement may be...
• Section 43-2-601 Consent by guardian
  If any person interested in such estate is an infant or of unsound mind, his guardian shall have authority to consent to the reference to...
• Section 43-2-602 Appointment of arbitrators
  The arbitrators must not exceed three in number and must be entirely disinterested and must be appointed by order of the probate court.
• Section 43-2-603 Award - Generally
  The arbitrators must make their award in writing, and, within 10 days after making the same, they must return it to such court; and, if...
• Section 43-2-604 Award - Force and effect; execution
  If such award, or any part thereof, is for the payment of money, it shall, when approved and entered of record, have the force and...
• Section 43-2-605 Award - Setting aside; second reference
  If such award is not approved by the court, it must be set aside; and the court may refer the matters again to the same...
• Section 43-2-606 Award - Objections
  Any of the parties may, within 10 days after such award has been returned to the court, file objections to the same; and, if objections...
• Section 43-2-607 Applicability of certain sections in Title 6
  Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to the settlement of estates by arbitration.
• Division 6 Distribution or Division on Final Settlement.
• Section 43-2-620 Orders of distribution - Generally
  On the final settlement of an estate, the court may make such orders of distribution as may be necessary, and, on the confirmation of the...
• Section 43-2-621 Orders of distribution - To whom directed; contents
  All orders of distribution must be directed to three disinterested persons appointed by the court, must specify the property to be divided, the persons and...
• Section 43-2-622 Orders of distribution - Oath; return; exceptions to report
  (a) The persons therein named, or a majority of them, must proceed to make distribution according to such order, having first taken an oath to...
• Section 43-2-623 Confirming or setting aside distribution; when sale may be directed
  The court, for causes shown on such exceptions, or otherwise, may set aside such distribution and direct another distribution or, if the same is just,...
• Section 43-2-624 How sale advertised and made
  Such a sale must be advertised and made as sales of personal property under the order of the court for the payment of debts.
• Section 43-2-625 Delivery of property upon confirmation
  Upon the confirmation of any order of distribution, the executor or administrator must deliver the property to the persons entitled thereto.
• Section 43-2-626 Division, sale or assignment of judgments or claims
  (a) Any judgments or claims in favor of the estate, which are not collected at the time of final distribution, may be divided among the...
• Section 43-2-627 Setting off indebtedness of distributee or legatee
  (a) If, on final settlement, any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime or with the executor...
• Section 43-2-628 Discharge of executor or administrator from liability
  When the estate has been fully administered and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he has...
• Section 43-2-629 Disposition of personal estate of foreign decedent
  (a) When administration is taken out in this state on the estate of any person who, at the time of his death, was an inhabitant...
• Division 7 Distribution Before Settlement.
• Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator
  When the executor or administrator is satisfied that the estate is solvent, he may, after six months from the date of the grant of letters...
• Section 43-2-641 Authorization to make distribution - Distribution by court after six months from grant of letters
  (a) The court may also, in case of intestacy, make an order of distribution out of the assets of the decedent, on the application of...
• Section 43-2-642 Contents of application
  Such application must be in writing, verified by affidavit, must specify the share to which the applicant is entitled and must allege that the assets...
• Section 43-2-643 Time for hearing; notice
  A day must be appointed for the hearing of such application, and a citation must be issued and served on the administrator 10 days before...
• Section 43-2-644 When distribution made; limit on amount
  On the day appointed, or on any other day to which the application may be continued, if the court is satisfied from the evidence that...
• Section 43-2-647 Refunding bonds - Bond stands as security; action on bond
  (a) Such refunding bond stands as security for the executor or administrator, should the assets in his hands, after any payment of money or delivery...
• Section 43-2-646 Refunding bonds - Recordation; transcript as evidence
  All refunding bonds provided for in this division must be recorded by the judge of probate and then delivered to the executor or administrator; and...
• Section 43-2-645 Refunding bonds - Required; terms and conditions
  Such order must not in any case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to be approved by the...
• Section 43-2-648 Refunding bonds - Rights of parties among themselves
  Any party making a payment on any refunding bond taken under this division, may recover against the parties to any other refunding bond such an...
• Section 43-2-649 Costs
  If any application made under the provisions of this division is determined against the applicant, he must pay the costs.
• Division 8 Presumption of Settlement After 20 Years.
• Section 43-2-660 When presumption arises
  When the administration of the estate of a deceased person shall be pending in any court, and the records of such court shall show that...
• Section 43-2-661 Petition to establish presumption
  An executor, administrator or surety on the bond of the executor or administrator of said estate, or the heirs or next of kin of such...
• Section 43-2-662 Notice of hearing on petition
  Such notice must state the name of the executor or administrator, the name of the deceased and the day appointed for the hearing of the...
• Section 43-2-663 Contest
  Any person interested may appear and contest any statement in the petition or complaint and may examine the parties or any other witness and may...
• Section 43-2-664 Order after hearing
  Should the court find the allegations of the petition or complaint to be true, it shall enter an order, decree or judgment in said cause...
• Division 9 Compensation, Commissions, Fees, etc.
• Section 43-2-682 Court may allow compensation or attorney's fees up to time of settlement
  Upon any annual, partial or final settlement made by any administrator or executor, the court having jurisdiction thereof may fix, determine and allow the fees...
• Section 43-2-683 Previous fees considered upon final settlement
  In the allowance of fees to executors or administrators and their attorneys on final settlement, the court shall take into consideration such fees as may...
• Division 10 Summary Distribution of Small Estates.
• Section 43-2-690 Short title
  This division shall be known as the "Alabama Small Estates Act."
• Section 43-2-691 Definitions
  For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The...
• Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled to personal property without administration
  (a) The surviving spouse, if there is one, otherwise the distributees of an estate of personal property only, may initiate a proceeding for summary distribution...
• Section 43-2-693 Entry of order directing summary distribution
  When all of the applicable conditions enumerated in subsection (b) of Section 43-2-692 occur, the judge of probate shall enter an order directing a summary...
• Section 43-2-694 Transfer of property or evidence of rights therein to surviving spouse or distributees
  Upon delivering a copy of the judge's order for summary distribution or an affidavit executed by any person having knowledge of the fact and alleging...
• Section 43-2-695 Limitation on defeasible rights of surviving spouse or distributees
  The defeasible right of the surviving spouse or distributees provided for by this division shall be subject only to any preexisting rights to administer the...
• Section 43-2-696 Effect of transfer pursuant to affidavit
  The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 43-2-694 shall be discharged...
• Division 11 Medicaid Estate Recovery Program.
• Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing of petition under Section 43-2-692
  (a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall...
• Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party administrator; fees
  (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator...
• Section 43-2-697.02 Filing of claim against estate of Medicaid recipient
  (a) The Medicaid Agency may file a claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on...
• Section 43-2-697.03 Liens program
  The Medicaid Agency conducts a liens program in accordance with 42 U.S.C. §1396p. The liens program is operated within the federal law restrictions. Nothing in...
• Article 19 Insolvent Estates.
• Division 1 General Provisions.
• Section 43-2-700 Order and preference of payment of debts
  When the real and personal property of any decedent is insufficient for the payment of the debts, the proceeds arising from the sale thereof must...
• Section 43-2-701 Report of insolvency - Generally
  Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he must file...
• Section 43-2-702 Report of insolvency - Statement to be filed with report
  He must file with such report: (1) A statement of all the goods and chattels, evidences of debt and other personal property, with the estimated...
• Section 43-2-703 Report of insolvency - Affidavit accompanying report and statement
  Such report and statement must be accompanied by an affidavit of the executor or administrator to the effect that they are correct to the best...
• Section 43-2-704 Time for hearing; notice of hearing
  The probate court, on the filing of such report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,...
• Section 43-2-705 Trial of issue of insolvency to be by jury
  Any creditor or other person interested in the estate may make an issue as to the correctness of such report by denying in writing that...
• Section 43-2-706 Payment of costs
  If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him and...
• Section 43-2-707 Declaration of insolvency
  If no person contests the correctness of the report or if the issue is decided against contestant, the court must declare the estate insolvent and...
• Section 43-2-708 Second declaration by succeeding administrator not necessary
  An estate of a decedent having once been declared insolvent, it shall not be necessary for any succeeding administrator to apply for or obtain a...
• Section 43-2-709 Appeals
  (a) Any party to the proceedings to declare an estate insolvent may appeal to the supreme court or court of civil appeals from the decree...
• Division 2 Nomination and Election of Administrators of Insolvent Estates.
• Section 43-2-720 When creditors may make nomination; who may be nominated
  On the day appointed for the settlement of the administration of an estate declared insolvent or on any day to which the same is continued,...
• Section 43-2-721 Voting procedure generally; proof of claims required
  (a) In making the nomination, each creditor, in person or represented, votes as follows: (1) On claims held by any one creditor, not exceeding in...
• Section 43-2-722 Person receiving plurality appointed administrator
  The person receiving a plurality of votes must be appointed by the court administrator of the property, rights and credits of the estate unadministered.
• Section 43-2-723 Discretion of court upon failure of creditors to attend
  If none of the creditors attend at the time appointed or if, from any other cause, no appointment of such administrator is made, the court...
• Section 43-2-724 Former letters revoked upon appointment; property vested in administrator
  Whenever an administrator is appointed under the provisions of this division, any former grant of letters on the estate is thereby revoked; and the property...
• Section 43-2-725 Vacancy
  Whenever a vacancy occurs in the office of such administrator, the court, on motion of any creditor of the estate, may order another meeting of...
• Division 3 Filing and Allowing Claims Against Insolvent Estates.
• Section 43-2-740 Time and manner of filing claims - Generally
  Every person having any claim against the estate declared insolvent must file the same in the office of the judge of probate as provided by...
• Section 43-2-741 Time and manner of filing claims - Time allowed certain minors and persons of unsound mind
  The provisions of section 43-2-740, as to the time within which claims are to be filed, do not apply to infants and persons of unsound...
• Section 43-2-742 Time and manner of filing claims - Claims verified in another state
  When a claim against such estate is verified by the oath of a person out of this state, but within the United States, such oath...
• Section 43-2-743 Time and manner of filing claims - Claims verified in foreign country
  When such oath is taken out of the United States, it may be taken before any judge or clerk of a court of record, mayor...
• Section 43-2-744 Receipt for claim; endorsement by judge
  The judge of probate must, when required, give a receipt for such claim to the claimant, his agent or attorney and must endorse on the...
• Section 43-2-745 Claims docket
  Such judge must keep a docket of all the claims thus filed, which must be at all times, during office hours, subject to the inspection...
• Section 43-2-746 When claim allowed without further proof
  If no opposition is made, in the manner provided in section 43-2-747, within six months after the time when the estate was declared insolvent, such...
• Section 43-2-747 Objections
  At any time within six months after the declaration of insolvency, the administrator or any creditor, heir, legatee, devisee or distributee may object to the...
• Section 43-2-748 Allowance of due part of claim
  If a part only of such claim is found to be due, it must be allowed for that amount and the costs paid by either...
• Section 43-2-749 Debt not due
  Any creditor whose debt is not due must file the same as if due and thereupon must be considered as a creditor under this division;...
• Section 43-2-750 Claim allowed after partial distribution
  Any creditor of an insolvent estate, whose claim is allowed after a partial distribution, must be allowed out of the remaining assets of such estate,...
• Section 43-2-751 Action by creditor to recover dividend
  (a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend...
• Division 4 Settlement of Insolvent Estates.
• Section 43-2-770 When settlement must be made
  Every executor or administrator of an insolvent estate must make a settlement of his accounts, as such, at such time as the court may appoint,...
• Section 43-2-771 Decree
  At such settlement, the court must decree to each creditor whose claim has been allowed, as provided in this article, his proportion of all moneys...
• Division 5 Sale of and Actions for Lands of Insolvent Estates.
• Section 43-2-790 Application for order for sale - Generally
  On the application of an executor or administrator of an estate which has been declared insolvent for an order for the sale of lands belonging...
• Section 43-2-791 Application for order for sale - Form and contents; verification; notice to heirs and devisees
  Such application shall be in writing, verified by affidavit, shall contain an accurate description of the lands sought to be sold and shall set forth...
• Section 43-2-792 Action by administrator for recovery of lands
  The administrator of an insolvent estate may maintain an action for the recovery of lands of the estate in every case in which such action...
• Division 6 Report or Decree of Insolvency as Affecting Pending Civil Actions.
• Section 43-2-810 Continuance upon showing of insolvency
  During the progress of any civil action against an executor or administrator, he may show that such estate has been reported insolvent; and, upon such...
• Section 43-2-811 Special plea of insolvency
  The executor or administrator may, at any time before judgment, plead specially that the estate has been declared insolvent; and, in such case, the other...
• Section 43-2-812 Judgment certified to probate court; execution for costs
  If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be...
• Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered
  After judgment or decree has been rendered in any court against an executor or administrator for any debt, damages or costs, if the estate is...
• Article 20 Probate Procedure Act.
• Section 43-2-830 Devolution of estate at death; restrictions
  (a) Upon the death of a person, decedent's real property devolves to the persons to whom it is devised by decedent's last will or to...
• Section 43-2-831 Time of accrual of duties and powers
  The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by...
• Section 43-2-832 Priority among different letters
  A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error,...
• Section 43-2-833 General duties; relation and liability to persons interested in estate; standing to sue
  (a) A personal representative is a fiduciary. Except as otherwise provided by the terms of the will, the personal representative shall observe the standards in...
• Section 43-2-834 Personal representative to proceed without court order; exception
  A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate, and except as otherwise specified by law or ordered by...
• Section 43-2-835 Duty of personal representative; inventory and appraisement
  (a) Within two months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged...
• Section 43-2-836 Duty of personal representative; supplementary inventory
  If any property not included in the initial inventory comes to the knowledge of a personal representative or if the personal representative learns that the...
• Section 43-2-837 Duty of personal representative; possession of estate
  Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property,...
• Section 43-2-838 Power to avoid transfers
  The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in...
• Section 43-2-839 Powers of personal representatives; in general
  Until termination of the appointment, a personal representative has the same power over the title to property of the estate, subject to Sections 43-2-843 and...
• Section 43-2-840 Improper exercise of power; breach of fiduciary duty
  If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach...
• Section 43-2-841 Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions
  Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative...
• Section 43-2-842 Persons dealing with personal representative; protection
  A person who, in good faith, either assists a personal representative or deals with the personal representative for value is protected as if the personal...
• Section 43-2-843 Transactions authorized for personal representatives; exceptions
  Except as restricted or otherwise provided by the will or by an order of court and subject to the priorities stated in Section 43-8-76, a...
• Section 43-2-844 Transactions authorized for personal representatives; prior court approval
  Unless expressly authorized by the will, a personal representative, only after prior approval of court, may: (1) Acquire or dispose of an asset, including land...
• Section 43-2-845 Powers and duties of successor personal representative
  A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as...
• Section 43-2-846 Co-representatives; when joint action required
  If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with...
• Section 43-2-847 Powers of surviving personal representative
  Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the...
• Section 43-2-848 Compensation of personal representative
  (a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may...
• Section 43-2-849 Expenses in estate litigation
  If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative...
• Section 43-2-850 Proceedings for review of employment of agents and compensation of personal representatives and employees of estate
  On petition or appropriate motion of an interested person, and after notice to all interested persons, the propriety of employment of any person by a...
• Section 43-2-851 Bond
  (a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of...
• Section 43-2-852 Terms and requirements of bonds
  (a) The following requirements and provisions apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally liable with the personal representative...
• Section 43-2-853 Application to existing estates
  (a) Estates filed for probate prior to January 1, 1994, the administration of which continues in effect after January 1, 1994, are unaffected by this...
• Section 43-2-854 Avoiding conflicts of law
  Nothing contained in this article shall be construed to abrogate any right, authority, or discretion conferred upon a personal representative or other fiduciary under any...

Last modified: May 3, 2021