Ala. Code § 43-2-26 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-26
Section 43-2-26 Issuance of Letters to Others Named in Will Upon Renunciation or Failure to Apply by One Named
Status: in_force

If any person named as executor in the will renounces his or her appointment or fails to apply for letters testamentary within 30 days after probate and any other persons named therein as executors make application for such letters and are fit persons to discharge the trust, letters testamentary must issue to them if they comply with the other requisitions of the law.
Ala. Code § 43-8-250 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-250
Section 43-8-250 Contracts Concerning Succession, Etc.; No Presumption of Nonrevocation from Joint or Mutual Wills
Status: in_force

A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after January 1, 1983, can be established only by:

(1) Provisions of a will stating material provisions of the contract;

(2) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract; or

(3) A writing signed by the decedent evidencing the contract.

The execution of a joint will or mutual wills does not create a presumption of a contract not to revoke the will or wills.
Ala. Code § 43-2-394 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-394
Section 43-2-394 Compounding with and Discharge of Debtor
Status: in_force

Whenever a debtor of the decedent is unable to pay all his or her debts, the executor or administrator, with the approbation of the court or judge thereof, may compound with him or her and give him or her a discharge, upon receiving a fair and just dividend of his or her effects. A compromise may also be authorized when it appears to be just, and for the best interest of the estate.
Ala. Code § 43-2-552 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-552
Section 43-2-552 Decree for Balance - Generally
Status: in_force

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 or succeeding executor or administrator, a decree must be rendered in his or her favor for the amount found due on such settlement, and for the delivery of any personal property in the hands of the executor or administrator whose authority has ceased or, if dead, of his or her personal representative; but if more than six months have elapsed from the original grant of letters and there remains no other act of administration to be done than making distribution or payment of legacies, and the estate is solvent, the court must at once proceed to decree distribution or payment of legacies directly to those entitled; or, if in the case last mentioned, there are money assets in the hands of the outgoing executor or administrator, or, if dead, of his or her personal representative, in excess of a sum sufficient for the payment of debts and expenses of further administration, such excess must be distributed, or legacies paid therefrom, directly to those entitled, without passing through the hands of the remaining or succeeding administrator.
Ala. Code § 43-2-331 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-331
Section 43-2-331 Extension of Time Upon Showing of Good Cause
Status: in_force

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 annually, upon application and good cause shown, if the court is of the opinion that the interest of such estate demands such extension.
Ala. Code § 43-2-847 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-847
Section 43-2-847 Powers of Surviving Personal Representative
Status: in_force

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 appointment of one or more is terminated, and if one of two or more nominated as personal co-representatives is not appointed, those appointed may exercise all the powers incident to the office.
Ala. Code § 43-2-662 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-662
Section 43-2-662 Notice of Hearing on Petition
Status: in_force

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 petition or complaint. If all heirs and legatees are of age and waive publication in a newspaper, notice must, in such case be given by posting the same at the courthouse door.
Ala. Code § 43-2-641 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-641
Section 43-2-641 Authorization to Make Distribution - Distribution by Court After Six Months from Grant of Letters
Status: in_force

(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 any person entitled to distribution, after six months from the grant of letters.

(b) The order of the court, made after six months from the grant of letters on the application of any legatee or person entitled to distribution, is a protection to the executor or administrator, to the extent of the amount or value of the legacy or share ordered to be paid or distributed.
Ala. Code § 43-8-169 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-169
Section 43-8-169 Recordation of Witnesses’ Testimony
Status: in_force

If it appears, on the proof taken before the judge of probate, that the will was duly executed, the testimony of the witnesses must be reduced to writing by him or her, signed by the witnesses and, with the will, immediately recorded in a book provided and kept for that purpose.
Ala. Code § 43-2-742 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-742
Section 43-2-742 Time and Manner of Filing Claims - Claims Verified in Another State
Status: in_force

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 may be made before a notary public, justice of the peace, or any judge or clerk of a court of record, or a commissioner of such state. When made before a justice of the peace, it must be certified that such officer was a justice of the peace and that his or her attestation is genuine, by some judge of a court of record or a commissioner of said state; but, when made before either of the other officers specified, no other proof of the taking of such oath is necessary than the certificate of such officer.
Ala. Code § 43-8-217 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-217
Section 43-8-217 Filed Documents Deemed to Include Oath or Affirmation; Perjury
Status: in_force

Except as otherwise specifically provided in this division or by rule, every document filed with the probate court under this division, including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that representations contained in the document are true as far as the person executing or filing the document knows or is informed, and that penalties for perjury may follow deliberate falsification therein.
Ala. Code § 43-2-691.1 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-691.1
Section 43-2-691.1 Persons Entitled to Summary Distribution of a Small Estate
Status: in_force

(a) During the pendency of a summary disposition, any person entitled to the homestead allowance under Section 43-8-110, exempt property under Section 43-8-111, or the family allowance under Sections 43-8-112 and 43-8-113 may file a verified petition in the office of the judge of probate in which the summary distribution is pending. The petition shall set forth the person’s entitlement to the exemption and allowances. The probate court, upon review and approval of the petition, may enter an order for disbursing the exemption and allowances from the small estate to the person in accordance with Sections 43-8-110, 43-8-111, or 43-8-112 and 43-8-113.

(b) The remainder of the small estate of a decedent domiciled in Alabama at the time of the decedent’s death, following the exemption and allowances disposition made in accordance with subsection (a) that meets all of the conditions of this division, shall be distributed as follows:

(1) To the surviving spouse of the decedent.

(2) If the decedent died with a self-proved will and with no surviving spouse, to those persons entitled to the decedent’s estate under the self-proved will, and to those persons entitled to share in the decedent’s estate under the laws of descent and distribution of this state for the part of the decedent’s estate not effectively disposed of by the decedent’s self-proved will.
Ala. Code § 43-2-374 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-374
Section 43-2-374 When Executor or Administrator Protected in Payment of Debts
Status: in_force

The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him or her to the extent of the payment from liability on any other debt against such estate which had not been presented at the time of such payment.
Ala. Code § 43-2-553 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-553
Section 43-2-553 Decree for Balance - Decree in Favor of Outgoing Executor or Administrator; Insolvent Estates
Status: in_force

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, the probate court may, if six months have elapsed from the grant of original letters, render a decree in favor of the outgoing executor or administrator or, if dead, of his or her personal representative, against the remaining or succeeding executor or administrator for such balance; and if the estate is solvent, payment thereof may be enforced by execution against him or her, to be levied on any effects of such estate in his or her hands unadministered; but if the estate is insolvent, such decree is to be paid as other claims against insolvent estates; and if such balance or any part thereof is for expenses of administration necessarily incurred, such balance, or such part thereof as may be for such expenses, shall be a preferred claim against such estate and shall be paid as other preferred claims are paid.
Ala. Code § 43-8-224 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-224
Section 43-8-224 Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts
Status: in_force

If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he or she predeceased the testator, the issue of the deceased devisee who survive the testator by five days take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he or she had survived the testator is treated as a devisee for purposes of this section whether his or her death occurred before or after the execution of the will.
Ala. Code § 43-8-173 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-173
Section 43-8-173 Withdrawal of Will Before Probate
Status: in_force

When any will is filed with the probate judge or in the probate court for the purpose of probating the same, and it becomes necessary to withdraw said will before it is probated, the probate judge shall have the same recorded in the book in which are recorded probated wills, but shall mark or have written on the page or pages of the record where recorded the following: “Recorded Before Being Probated.” The probate judge shall not allow any will filed with him or her or his or her office for the purpose of probating to be removed from such office by anyone until it is so recorded, and in the event such will is lost, destroyed, or mutilated, the record of such will and certified transcripts therefrom shall be given the same force and effect as could be given the original.
Ala. Code § 43-2-832 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-832
Section 43-2-832 Priority Among Different Letters
Status: in_force

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, general letters are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
Ala. Code § 43-8-253 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-253
Section 43-8-253 (Amended by Act 2026-287) Effect of Homicide on Intestate Succession, Wills, Joint Assets, Life Insurance and Beneficiary Designations; Effect of Bona Fide Purchase by Third Party or Good Faith Payment by Obligor, Etc
Status: in_force

AMENDED BY ACT 2026-287, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A surviving spouse, heir, or devisee who feloniously and intentionally kills the decedent is not entitled to any benefits under the will or under articles 3 through 10 of this chapter, and the estate of decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.

(b) Any joint tenant who feloniously and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as his or her property and the killer has no rights by survivorship. This provision applies to joint tenancies with the right of survivorship and tenancies in common during the respective lives of the grantees with cross-contingent remainders in fee to the survivor in real and personal property, joint and multiple-party accounts in banks, savings and loan associations, credit unions and other institutions, and any other form of co-ownership with survivorship incidents.

(c) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who feloniously and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy or other contractual arrangement, and it becomes payable as though the killer had predeceased the decedent.

(d) Any other acquisition of property or interest by the killer shall be treated in accordance with the principles of this section.

(e) A final judgment of conviction of felonious and intentional killing is conclusive for purposes of this section. In the absence of a conviction of felonious and intentional killing the court may determine by a preponderance of evidence whether the killing was felonious and intentional for purposes of this section.

(f) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.
Ala. Code § 43-2-460 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-460
Section 43-2-460 Report and Examination of Sale - Notice and Hearing
Status: in_force

If it appears from the report of the personal representative provided for in Section 43-2-459 that he or she has a personal interest in such sale, or that he or she was, directly or indirectly, the purchaser at such sale, or if the court is satisfied from the examination of witnesses in relation to the report as provided for in Section 43-2-459 that he or she has such personal interest in the sale adverse to the interest of the heirs or devisees, or that he or she was, directly or indirectly, the purchaser at such sale, the court shall set a day for the hearing of such report for confirmation, of which hearing the court shall give the adverse parties at least 10 days’ notice in any mode or manner to be directed by the court.
Ala. Code § 43-2-515 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-515
Section 43-2-515 Contest of Account - Withdrawal of Item
Status: in_force

The executor or administrator may, before the decision of the court on any item, withdraw the same; but in such case he or she must pay the costs of the contest as to such item.
Ala. Code § 43-2-692 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-692
Section 43-2-692 Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration
Status: in_force

(a) A person, or a person duly authorized to act for the person, entitled to an interest in a small estate under this division may initiate a proceeding for summary distribution of the estate by filing a verified petition in the office of the judge of probate of the county in which the decedent was domiciled at death. No bond shall be required to be filed with the petition. If the decedent died with a self-proved will, the self-proved will shall be filed with the petition.

(b) The petition for summary distribution shall provide the following information and allege the following conditions:

(1) The decedent died domiciled in this state and was domiciled in the county in which the petition is filed.

(2) The decedent’s estate is a small estate.

(3) A description of the personal property constituting the decedent’s estate and the value.

(4) No petition for the appointment of a personal representative is pending nor has one been granted.

(5) The name, address, age, capacity, and relationship to the decedent of: (i) the petitioner; (ii) each person who would be entitled to an interest in the decedent’s estate under the laws of descent and distribution of this state; and (iii) each person entitled to an interest in the decedent’s estate under any will of the decedent filed with the petition. “Capacity” as used in this subdivision means whether the person is 19 years of age or older and whether the person is of sound mind.

(6) If the decedent was survived by a spouse, that the decedent’s surviving spouse is entitled to the decedent’s estate.

(7) If the decedent died without a surviving spouse and without a self-proved will that does not dispose of all of the small estate, the names of the persons who are entitled to the decedent’s estate under the descent and distribution statutes of this state and their respective shares.

(8) If the decedent died with a will.

(9) If the decedent died with no surviving spouse and with a self-proved will, the names of the persons who are entitled under the self-proved will to a share or interest in the decedent’s estate and their respective shares or interests.

(10) All funeral expenses of the decedent have been paid or arrangements for the payment out of the estate of the decedent of all unpaid funeral expenses have been made by or on behalf of the petitioner.

(11) All claims against the decedent’s estate have been paid or arrangements for the payment out of the estate of the decedent have been made by the petitioner.

(c) Upon the filing of a petition for summary distribution under this division, both of the following shall occur:

(1) Notice of the filing of the petition shall be published once in a newspaper of general circulation in the county in which the decedent was domiciled or, if there is no newspaper of general circulation in the county, the notice of the filing shall be posted at the county courthouse for one week.

(2) The petitioner shall notify the Alabama Medicaid Agency of the filing of the petition as provided in Section 43-2-697 and shall provide proof of the notice to the probate court.

(d) The probate court shall not enter an order directing summary distribution pursuant to a petition under this division unless:

(1) At least 30 days have elapsed since the notice of the filing of the petition was published as provided in subsection (c);

(2) At least 30 days have elapsed since the Alabama Medicaid Agency received notice of the filing of the petition; and

(3) It appears to the probate court that all of the conditions for summary distribution provided in this subsection have been met and that the petition is due to be granted.
Ala. Code § 43-2-210 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-210
Section 43-2-210 Bond
Status: in_force

The judge of probate, in determining the amount of the bond which such executor or administrator should give, may examine him or her on oath; and such bond, when given, stands as security, on its condition being broken, for any person thereby injured.
Ala. Code § 43-2-134 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-134
Section 43-2-134 Judgments Against Administrators in Chief Revived Against Administrators De Bonis Non
Status: in_force

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 removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of such judgment, or their personal representative, against the administrator de bonis non of such estate on 10 days’ notice to such administrator de bonis non; but such liabilities shall only bind the administrator de bonis non to the extent of the assets of the estate which have come into his or her possession.
Ala. Code § 43-2-237 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-237
Section 43-2-237 Costs
Status: in_force

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 application for letters which shall not be granted shall be paid by the applicant.
Ala. Code § 43-6-4 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-4
Section 43-6-4 Disposition of Personalty When No Heir Appears
Status: in_force

If no heir or person entitled to receive such estate appears or is ascertained within 12 months after such publication, the money and proceeds of the personal assets must be paid to the judge of probate, after deducting the expenses of administration.
Ala. Code § 43-2-193 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-193
Section 43-2-193 Appointment of Nonresident Administrator
Status: in_force

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, an administrator of his or her estate, appointed by the competent authority of the state or territory of his or her domicile, shall be entitled to letters of administration on such estate in this state, upon the production of the letters granted to him or her by the state or territory of his or her intestate’s domicile, duly certified as required by law, in preference to any other person, upon his or her giving like bond and surety and upon the same terms, conditions, and requirements as are required by law of citizens of this state. The certified copy of his or her foreign letters shall be filed and recorded in the office of the judge of probate issuing letters in this state.
Ala. Code § 43-2-463 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-463
Section 43-2-463 Report of Payment of Purchase Money
Status: in_force

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 days after such complete payment has been made, report the fact of such payment to the court of probate. If he or she fails to do so within the time specified in this section, such report may be compelled of him or her in the manner provided by Section 43-2-465.
Ala. Code § 43-2-214 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-214
Section 43-2-214 Protection Afforded by Delivery of Property or Recovery of Judgment
Status: in_force

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 delivering the property, to the extent of such judgment or the value of such property.
Ala. Code § 43-2-771 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-771
Section 43-2-771 Decree
Status: in_force

At such settlement, the court must decree to each creditor whose claim has been allowed, as provided in this article, his or her proportion of all moneys then found due from such executor or administrator, reserving in his or her hands a ratable proportion of such moneys for such claims as may be then contested and undecided; and a similar settlement and distribution must be made at least every six months thereafter, at such times as the court may appoint, until the estate is finally settled and distributed.
Ala. Code § 43-2-255 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-255
Section 43-2-255 Duty of Judge, Clerk or Register to Make Payment; Penalty
Status: in_force

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 one percent thereon, to the person entitled thereto, on demand; and for failure to do so, he or she incurs a penalty in favor of such person of 10 percent thereon, which, together with the money received and interest thereon, may be recovered by suit on his or her bond.
Ala. Code § 43-2-91 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-91
Section 43-2-91 Bonds Valid and Operative as Statutory Bonds
Status: in_force

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 of the same obligation, force and effect as a statutory bond, though it may not be approved, or in the penalty, or payable or with the condition required by law.
Ala. Code § 43-2-199 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-199
Section 43-2-199 Service of Process - Citations or Notices, Etc.; Return of Process
Status: in_force

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 and judgments, may be served by depositing a copy in a sealed envelope, postage prepaid, in a post office at or near the court or office issuing such process, such envelope to be plainly addressed and directed to such nonresident executor or administrator at the place and by the name furnished by him or her upon the filing of his or her application for letters, or thereafter as provided in Section 43-2-190 and, when the sureties, or either of them, reside in the state, and their place of residence is known, by the service of a copy of such writ or process upon one of such sureties. When service is had by depositing a copy of the writ or process in the post office only and not accompanied by service upon a surety, such service shall not take effect until the expiration of 10 days from the date of mailing such copy. If the post-office address of such nonresident executor or administrator is not furnished as required by Section 43-2-190, service on one of his or her sureties is sufficient. If such post-office address is not so furnished and if there be no resident surety, notice of such writ or process may be given by publication in a newspaper published in the county wherein the proceedings are had for two consecutive weeks, and a copy thereof must be sent by mail to such nonresident executor or administrator, if his or her post-office address can be ascertained; and, if in such case there be no newspaper published in the county, the notice may be given by posting a copy thereof at the door of the courthouse for 15 days. The sheriff or other officer executing the writ or process must make return thereof according to the facts.
Ala. Code § 43-2-447 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-447
Section 43-2-447 Notice to Unknown Parties; Appointment of Special Guardian; Disposition of Shares
Status: in_force

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 any of the heirs or devisees are unknown, that the petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed against them without naming them; but the court must make publication as in case of nonresidents, describing such unknown parties as near as may be by the character in which they are made parties and with reference to their interest in the lands sought to be sold, and must appoint a suitable and competent person not of kin or counsel to the petitioner, as special guardian to represent such unknown parties. The shares or interests of such unknown parties, in the proceeds of lands sold for division, shall be paid into court and there retained and paid out to the proper parties when ascertained.
Ala. Code § 43-8-255 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-255
Section 43-8-255 Administrators with Will Annexed Have Same Powers as Executors
Status: in_force

Administrators with the will annexed have the same powers and authority over the estates which executors named in the will would have, and their acts are as effectual for all purposes.
Ala. Code § 43-2-231 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-231
Section 43-2-231 Appointment of Personal Representative
Status: in_force

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 to be dead on account of absence for five or more years from the place of their last domicile within this state as provided in this article.
Ala. Code § 43-8-110 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-110
Section 43-8-110 Homestead Allowance
Status: in_force

(a) A surviving spouse of a decedent who was domiciled in this state is entitled to a homestead allowance of fifteen thousand dollars ($15,000). If there is no surviving spouse, each minor child and each dependent child of the decedent is entitled to a homestead allowance amounting to fifteen thousand dollars ($15,000) divided by the number of minor and dependent children of the decedent. The homestead allowance is exempt from and has priority over all claims against the estate. Homestead allowance is in addition to any share passing to the surviving spouse or minor or dependent child by the will of the decedent unless otherwise provided in the will, by intestate succession or by way of elective share.

(b) The value of any constitutional right of homestead in the family home received by a surviving spouse or child shall be charged against that spouse or child’s homestead allowance to the extent that the family home is part of the decedent’s estate or would have been but for the homestead provision of the Constitution.
Ala. Code § 43-2-854 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-854
Section 43-2-854 Avoiding Conflicts of Law
Status: in_force

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 other law.
Ala. Code § 43-8-231 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-231
Section 43-8-231 Ademption by Satisfaction
Status: in_force

Property which a testator gave in his or her lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of partial satisfaction, property given during lifetime is valued as of the time the devisee came into possession or enjoyment of the property or as of the time of death of the testator, whichever occurs first.
Ala. Code § 43-2-393 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-393
Section 43-2-393 When Executor or Administrator May Give Note, Etc., to Extend or Settle Debt
Status: in_force

Any executor or administrator, by authority of the probate court given on his or her written application, may, in his or her representative capacity, give his or her note, bond or bill for the purpose of extending or settling a debt of the decedent, or settling a debt contracted by such representative for articles, or for work and labor for the estate; and for such note, bond or bill the estate is liable, and the executor or administrator is not personally liable. But the heirs, devisees, distributees, or legatees must have 10 days’ notice of such application.
Ala. Code § 43-8-75 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-75
Section 43-8-75 How Elective Share Satisfied; What Property Applied First; Apportionment of Others’ Liability for Balance of Elective Share
Status: in_force

(a) In the proceeding for an elective share, values included in the estate which pass or have passed to the surviving spouse, or which would have passed to the surviving spouse but were renounced, are applied first to satisfy the elective share and to reduce any contributions due from other recipients of transfers included in the estate. For purposes of this subsection, the electing spouse’s beneficial interest in any life estate or in any trust shall be computed as if worth one-half of the total value of the property subject to the life estate, or of the trust estate, unless higher or lower values for these interests are established by proof; provided, however, that, to the extent that the electing spouse’s beneficial interest is a life estate or is an interest in a trust and is coupled with a general power of appointment (whether exercisable by deed or by will or by either), the beneficial interest shall be computed as being equal to two-thirds of the total value of the property subject to the life estate, or of the trust estate, with respect to which the general power of appointment exists.

(b) Remaining property of the estate is so applied that liability for the balance of the elective share of the surviving spouse is equitably apportioned among the recipients of the estate in proportion to the value of their interests therein.
Ala. Code § 43-8-7 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-7
Section 43-8-7 Effect of Acts by Holder of General Power of Appointment, Etc., on Beneficiaries
Status: in_force

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
Ala. Code § 43-2-111 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-111
Section 43-2-111 Liability for Damages Recovered Under Sections 6-5-391, 6-5-410 or 25-6-3
Status: in_force

The personal representative and the sureties on his or her bond are liable to the parties in interest for the due and legal distribution of all damages recovered by such representative under Sections 6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may be pursued against such representative and sureties for the due administration of personal assets.
Ala. Code § 43-2-606 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-606
Section 43-2-606 Award - Objections
Status: in_force

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 are filed, the court must appoint a day, not less than 30 days from the filing of such objections, to hear and determine the same, notice of which must be given as now required by law in cases of applications for final settlements of the estates of decedents by executors or administrators.
Ala. Code § 43-2-625 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-625
Section 43-2-625 Delivery of Property Upon Confirmation
Status: in_force

Upon the confirmation of any order of distribution, the executor or administrator must deliver the property to the persons entitled thereto.
Ala. Code § 43-8-51 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-51
Section 43-8-51 Controversy as to Advancements - Discovery of Advancements
Status: in_force

Pending administration of an estate, on the application of the executor or administrator, or someone interested in the estate, to the probate court where the administration is, alleging on oath that an advancement has been made by the decedent, and that the value of such advancement is not expressed in any conveyance or receipt, within the applicant’s knowledge, or in any charge made by the decedent, the judge of probate must issue citation to the distributee or heir alleged to have received such advancement, requiring him or her, within a specified time, not less than 30 nor more than 60 days, to report on oath a list of the property received, the time when and the value of the same when received, or to deny on oath having received any advancement from the decedent. If the party alleged to have received the advancement is a nonresident of the state, notice must be given by publication once a week for three successive weeks in some newspaper published in the county, or if no paper is published in the county, then in one published in the adjoining county, requiring him or her to answer within a specified time, not less than 40 days, nor more than 90 days.
Ala. Code § 43-2-86 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-86
Section 43-2-86 Additional Bond of General Administrator
Status: in_force

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 estate confided to his or her charge or the sureties may be unwilling to remain longer bound; and, if he or she fails to give such bond within the time prescribed by the court, he or she must be removed and his or her letters revoked; and when any person interested in an estate committed to the general administrator shall give notice in writing to the judge of probate that the interest of the estate requires that the general administrator should give an additional bond, such judge must require him or her to give such bond; and if, in such case, the judge of probate fails or omits to require such bond and loss thereby results to anyone interested, he or she and the sureties on his or her official bond shall be responsible therefor.
Ala. Code § 43-2-61 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-61
Section 43-2-61 Manner of Giving Notice
Status: in_force

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 to provide actual notice, to all persons, firms, and corporations having claims against the decedent, who are known or who are reasonably ascertainable by the personal representative within six months from the grant of letters; and

(2) By publishing a notice once a week for three successive weeks in a newspaper of general circulation published in the county in which the letters were granted or, if none is published in the county, in the one published nearest to the courthouse thereof or in an adjoining county.
Ala. Code § 43-2-852 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-852
Section 43-2-852 Terms and Requirements of Bonds
Status: in_force

(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 and with each other.

(2) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the personal representative and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.

(3) On petition of a successor personal representative or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the personal representative.

(4) The bond of the personal representative is not void after the first recovery, but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.
Ala. Code § 43-8-111 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-111
Section 43-8-111 Exempt Property
Status: in_force

If the decedent was domiciled in this state at the time of death the surviving spouse is entitled to receive, in addition to the homestead allowance, property of a value not exceeding seven thousand five hundred dollars ($7,500) in excess of any security interests therein in household furniture, automobiles, furnishings, appliances, and personal effects. If there is no surviving spouse, children of the decedent are entitled jointly to the same value. If encumbered chattels are selected and if the value in excess of security interests, plus that of other exempt property, is less than seven thousand five hundred dollars ($7,500), or if there is not seven thousand five hundred dollars ($7,500) worth of exempt property in the estate, the spouse or children are entitled to other assets of the estate, if any, to the extent necessary to make up the seven thousand five hundred dollars ($7,500) value. Rights to exempt property and assets needed to make up a deficiency of exempt property have priority over all claims against the estate, except that the right to any assets to make up a deficiency of exempt property shall abate as necessary to permit prior payment of homestead allowance and family allowance. These rights are in addition to any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided, by intestate succession, or by way of elective share.
Ala. Code § 43-2-519 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-519
Section 43-2-519 Notice of Annual or Partial Settlement; Conclusiveness of Order or Decree; Reopening Account
Status: in_force

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 of such administrator or executor, require that notice thereof be given in the same manner as required by law in cases of final settlements, and any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein, and as to all fees and compensation fixed or allowed to any such administrator, executor, or attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the administrator, executor, beneficiary, or other party having an interest in the estate for amendment or revision, if it later appears that the account is incorrect, either because of fraud or mistake.
Ala. Code § 43-2-707 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-707
Section 43-2-707 Declaration of Insolvency
Status: in_force

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 must make an order for the executor or administrator on a day therein named, not less than 30 nor more than 60 days therefrom, to appear and make a settlement of his or her administration; and of such order, and of the day appointed for such settlement, notice must be given by the judge of probate as is required by Section 43-2-704.
Ala. Code § 43-2-173 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-173
Section 43-2-173 Resignation and Removal - Generally
Status: in_force

(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 notice, but the grounds thereof must be entered on the minutes of the court.

(b) The resignation of the office of general administrator shall not operate to discharge the incumbent from the administration of any estate previously committed to his or her charge as such general administrator; but he or she may proceed, notwithstanding such resignation, to administer and finally settle the same, as if he or she had not resigned such office; and the sureties on his or her bond as general administrator shall be liable for every act of maladministration on such estate committed after his or her resignation, to the same extent as if he or she had not resigned; but he or she may be removed from the administration of such estate for any of the causes prescribed by law, or he or she may resign his or her administration thereon by leave of the probate court of his or her county.
Ala. Code § 43-2-114 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-114
Section 43-2-114 Resignation as Defense
Status: in_force

No executor or administrator can allege his or her resignation in defense to any action or proceeding without an averment that he or she has settled his or her administration and delivered over the assets of the estate as required by law.
Ala. Code § 43-8-71 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-71
Section 43-8-71 Right of Election Personal to Surviving Spouse
Status: in_force

The right of election of the surviving spouse may be exercised only by the surviving spouse during his or her lifetime. If a guardian, custodian, curator, or conservator has been appointed for the surviving spouse, the right of election may be exercised only by order of the court upon petition of the fiduciary or upon the court’s own initiative, after finding that exercise is necessary to provide adequate support for the surviving spouse during his or her probable life expectancy.
Ala. Code § 43-2-851 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-851
Section 43-2-851 Bond
Status: in_force

(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 all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the personal representative’s control, plus one year’s estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land.

(b) The court may at any time reduce the bond of the personal representative or require the personal representative to provide additional or larger bond as may seem to be proper or necessary to protect the estate and the interests of persons interested in the estate.

(c) Any individual, who is authorized under Chapter 2 of Title 43, to nominate a personal representative by will, may, by express provision in the will, exempt the personal representative from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases:

(1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the estate of the decedent makes an affidavit, showing the affiant’s interest and alleging that the interest is, or will be, endangered for want of security.

(2) When, in the opinion of the court, on its own motion, the estate is likely to be wasted, to the prejudice of any person interested therein.

(d) In the cases provided for by subsection (c), upon application for the personal representative to give bond, the personal representative may show cause against applications of the exceptions and must have notice as the court may deem reasonable; but if the personal representative is not in the state, the application may be heard and determined without notice.
Ala. Code § 43-8-70 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-70
Section 43-8-70 Right of Surviving Spouse to Elective Share
Status: in_force

(a) If a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share of the estate. The elective share shall be the lesser of:

(1) All of the estate of the deceased reduced by the value of the surviving spouse’s separate estate; or

(2) One-third of the estate of the deceased.

(b) The “separate estate” of the surviving spouse shall include:

(1) All property which immediately after the death of the decedent is owned by the spouse outright or in fee simple absolute;

(2) All legal and equitable interests in property the possession or enjoyment of which are acquired only by surviving the decedent; and

(3) All income and other beneficial interests:

a. Under a trust;

b. In proceeds of insurance on the life of the decedent; and

c. Under any broad-based nondiscriminatory pension, profit-sharing, stock bonus, deferred compensation, disability, death benefit or other such plan established by an employer.

(c) If a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state is governed by the law of the decedent’s domicile at death.
Ala. Code § 43-2-354 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-354
Section 43-2-354 Notice and Hearing; Judgment; Costs; Appeals
Status: in_force

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 claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed. Thereupon the judge of the court having jurisdiction of the administration of the estate shall, on written application of either the personal representative or the claimant, hear and pass on the validity of such claim, or part thereof, first giving 10 days’ notice of such hearing to the interested parties. If the claimant in such proceeding shall fail to recover upon the disputed part of such claim, he or she shall be taxed with the costs thereof. This section shall not apply to claims against estates declared insolvent. If the judgment on any such claim is rendered by a probate court, either party may, within 30 days after the rendition of such judgment, appeal to the circuit court of the county in which the administration of said estate is pending, and the trial of the validity of said claim in said circuit court shall be de novo, and upon demand of either party, filed in the circuit court within 30 days from the taking of said appeal, shall be tried by a jury. If the administration of an estate in which a claim is disputed is pending in the circuit court, the trial of the validity of said claim shall be by jury upon demand of either party filed within 30 days after written notice that the claim is disputed. In any event either party may appeal to the supreme court or court of civil appeals, as the case may be, from the judgment of the circuit court, such appeal to be taken within 42 days and as other appeals are taken.
Ala. Code § 43-2-582 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-582
Section 43-2-582 Time for Hearing; Notice to Executor or Administrator
Status: in_force

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 or her of the grounds of such application and of the day appointed for hearing the same, 10 days before such day.
Ala. Code § 43-6-7 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-7
Section 43-6-7 Payment of Receipts to State Treasurer
Status: in_force

The judge of probate must, within three months after the receipt thereof, pay to the treasurer all moneys he or she may receive under the provisions of this chapter, and, failing so to do, he or she is liable as a defaulter and also forfeits $300.00, one half to the state, and the other half to any one suing for the same; and, on the trial, the certificate of the treasurer is presumptive evidence of his or her failure to make such payment.
Ala. Code § 43-2-559 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-559
Section 43-2-559 Other Actions Not Barred
Status: in_force

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 by the remaining or succeeding executor or administrator, or by any other person entitled thereto, against such executor or administrator or his or her personal representative for any property remaining in his or her hands or for any other cause of action.
Ala. Code § 43-8-198 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-198
Section 43-8-198 Transfer of Contest to Circuit Court; Appeal from Judgment of Circuit Court; Certification of Judgment, Etc., to Probate Court
Status: in_force

Upon the demand of any party to the contest, made in writing at the time of filing the initial pleading, the probate court, or the judge thereof, must enter an order transferring the contest to the circuit court of the county in which the contest is made, and must certify all papers and documents pertaining to the contest to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit court and a special session of said court may be called for the trial of said contest or, said contest may be tried by said circuit court at any special or regular session of said court. The issues must be made up in the circuit court as if the trial were to be had in the probate court, and the trial had in all other respects as trials in other civil cases in the circuit court. An appeal to the supreme court may be taken from the judgment of the circuit court on such contest within 42 days after the entry of such judgment. After a final determination of the contest, the clerk of the circuit court shall certify the transcript of all judgments of the circuit court in such proceedings, together with all of the papers and documents theretofore certified to the circuit court by the probate court, back to the probate court from which they were first certified to the circuit court, and thereafter shall be recorded in the probate court as all other contested wills are recorded in the probate court.
Ala. Code § 43-2-849 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-849
Section 43-2-849 Expenses in Estate Litigation
Status: in_force

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 is entitled to receive from the estate necessary expenses and disbursements, including, but not limited to, reasonable attorneys’ fees incurred.
Ala. Code § 43-8-216 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-216
Section 43-8-216 Removal to Circuit Court; Remand to Probate Court. (Amended by Act 2026-226)
Status: in_force

AMENDED BY ACT 2026-226, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Except for a proceeding pending in a probate court in a county where the probate court or judge exercises equity jurisdiction concurrent with that of the circuit court by virtue of a provision of the Constitution of Alabama of 2022, specific to such county, a local act, or a statute specific to such county, a proceeding in a probate court pertaining to a will contest or an administration of a decedent’s estate may be removed by an interested person to the circuit court for the county where the proceeding in probate court is pending; provided, however: (i) no removal of a will contest can occur unless Section 43-8-215 is complied with; and (ii) a removal of the administration of a decedent’s estate may not be made prior to the issuance of letters testamentary, letters of administration, or letters of administration with the will annexed or after the probate court has taken steps toward a final settlement.

(b) To remove a proceeding from the probate court to the circuit court, the removing party shall file in the circuit court to which the proceeding is being removed, a notice of removal that contains all of the following:

(1) A description of the nature of the proceedings being removed.

(2) If the proceeding is a will contest under this division, the name of the person who has petitioned to admit the will to probate, who will be the plaintiff in the removed proceeding, and the person contesting the validity of the will, who will be the defendant in the removed proceeding.

(3) Whether jury trial is demanded.

(4) The removing party’s interest in the proceeding being removed.

(5) The name of all interested persons to the proceeding being removed to which the removing party is delivering the notice of removal.

(c) Once the removing party has filed the notice of removal with the clerk of the circuit court, the proceeding shall be removed to the circuit court. Following the removal to the circuit court, the removing party shall file a copy of the notice of removal with the clerk of the probate court and shall send a copy of the notice of removal to all interested persons listed therein. Upon receiving a copy of the notice of removal, the probate court shall take no further action unless and until the removed proceeding is remanded, except to deliver a copy of the record in the probate court to the clerk of the circuit court. The circuit court shall have jurisdiction of a removed proceeding upon filing of the notice of removal with the circuit clerk. Neither the omission nor incorrect statement of any information required to be included in the notice of removal, nor the failure of the probate court to deliver a copy of the record of proceedings in that court, shall deprive the circuit court of jurisdiction to hear and decide the removed proceeding.

(d) If a necessary party to the proceedings has not received notice of the proceeding as required by law before the notice of removal is filed, notice of the proceeding must be issued by the circuit court to the necessary party as provided in the Alabama Rules of Civil Procedure or as otherwise prescribed by law.

(e) The circuit court may remand the removed proceeding under this section to the probate court if the circuit court finds any of the following:

(1) The removal was sought for the purpose of improper delay.

(2) The removal did not comply with applicable law.

(3) Judgment on all contested matters pending before the circuit court has become final and the time for an appeal has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.

(4) All interested parties or their representatives have requested the removed proceeding be remanded to probate court.

(f) If the circuit court finds that a lawyer or party vexatiously or for improper purposes removed a proceeding, then the court may tax the lawyer or party with the costs of the proceeding. In doing so, the circuit court may assess the full amount or any portion of the costs against any offending lawyer or party, or both, and among them, as the court determines just. When granting an award of costs and lawyer fees, the court shall specifically state the reasons for the award and shall consider the factors in Section 12-19-273, among others, in determining whether to assess lawyer fees and costs and the amount to be assessed.

(g) Costs of an action that may be assessed under subsection (f) include reasonable compensation for and expenses incurred by a lawyer, guardian ad litem, or party, including the cost of experts to testify in or advise regarding the proceeding. Costs taxed under this subsection shall be limited to those incurred by the parties opposing an improperly removed proceeding or incurred as a result of the improperly removed proceeding.

(h) Upon entry of an order taxing costs under subsection (f), the clerk of the circuit court shall issue an itemized bill of all costs and expenses taxed against each person, which itemized statements of costs and expenses shall have the full force and effect of a judgment. The provisions of this subsection are cumulative.

(i) Following remand by the circuit court, the clerk of the circuit court shall deliver a copy of the order of remand and the record of all proceedings in the circuit court to the clerk of the probate court to be filed with the records of the proceeding in the probate court, and the probate court shall proceed with the proceeding in accordance with the circuit court’s order.

(j) In any proceeding removed from a probate court, the circuit court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the probate court or otherwise.

(k) Neither remand nor anything else shall prevent the subsequent removal of a proceeding to the circuit court under this section.
Ala. Code § 43-2-505 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-505
Section 43-2-505 Time for Settlement; Notice Generally
Status: in_force

(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 notice of the same, by publication in some newspaper published in the county, for three successive weeks; or, if none is published in the county, by posting such notice at the courthouse and three other public places in such county, for the same length of time; but if the settlement be only an annual one, publication shall only be given by posting up notices as above provided. If the settlement is a final one, the probate judge must also give 10 days’ notice of the day set for making the settlement to every adult distributee resident in the state whose place of residence is known or can be ascertained with reasonable diligence, and to all sureties on the bond of the administrator or executor.

(b) Such notice must state the name of the executor or administrator, the name of the deceased, the day appointed for settlement and the nature of the settlement, whether annual or final.

(c) If the heirs or legatees are of age and waive publication in a newspaper, notice must, in such case, be given by posting the same at the courthouse door.
Ala. Code § 43-2-648 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-648
Section 43-2-648 Refunding Bonds - Rights of Parties Among Themselves
Status: in_force

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 amount as shall be in the same proportion to the amount collected from the plaintiff, as the amount of money and value of the property delivered on both bonds bears to the amount of money or property delivered on the bond of the defendant.
Ala. Code § 43-8-167 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-167
Section 43-8-167 Mode of Proving Will Generally
Status: in_force

(a) Wills offered for probate, except nuncupative wills, must be proved by one or more of the subscribing witnesses, or if they be dead, insane or out of the state or have become incompetent since the attestation, then by the proof of the handwriting of the testator, and that of at least one of the witnesses to the will. Where no contest is filed, the testimony of only one attesting witness is sufficient.

(b) If none of the subscribing witnesses to such will are produced, their insanity, death, subsequent incompetency, or absence from the state must be satisfactorily shown before proof of the handwriting of the testator, or any of the subscribing witnesses, can be received; in addition to the methods already provided, the will of a person serving in the armed forces of the United States, executed while such person is in the actual service of the United States, or the will of a seaman, executed while such seaman was at sea, shall be admitted to probate when either or all of the subscribing witnesses is out of the state at the time said will is offered for probate, or when the places of address of such witness or witnesses are unknown upon the oath of at least three credible witnesses, that the signature to said will is in the handwriting of the person whose will it purports to be. Such will so proven shall be effective to devise real property as well as to bequeath personal property of all kinds.
Ala. Code § 43-2-85 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-85
Section 43-2-85 Bond of General Administrator
Status: in_force

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 to be prescribed by the judge of probate sufficient to secure all persons interested, payable to the judge of probate and conditioned faithfully to administer all estates which may come to his or her charge as such general administrator, which bond must be approved by such judge.
Ala. Code § 43-2-139 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-139
Section 43-2-139 Inventory as Evidence
Status: in_force

In an action against an executor or administrator, in which the fact of his or her having administered the estate of his or her testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by him or her, is given in evidence, the effect of the same may be repelled by evidence:

(1) That any property has been omitted in such inventory, or was not returned therein at its full value, or since the filing thereof has increased in value; or

(2) That such property has perished, or been lost without the fault of such executor or administrator, or that it has been fairly sold, according to law, at a less price than the value so returned, or that, since the return of the inventory, such property has deteriorated or decreased in value; and in such action the defendant cannot be charged for anything in action specified in the inventory, unless it appears that it was, or might have been, collected by the exercise of due diligence.
Ala. Code § 43-8-193 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-193
Section 43-8-193 Proceedings Against Defaulting Witness
Status: in_force

If any witness, being duly summoned, fails to attend, the judge of probate shall enter up a conditional fine against him or her, not exceeding $50.00, and shall thereupon issue a notice to such witness to appear at a term of said court, not more than 30 days from the date of such notice and show cause why such fine should not be made absolute. The proceedings thereafter shall be governed by the same rules, and such witness shall be subject to the same liabilities, except as to the amount of the fine, as are provided by law in cases of defaulting witnesses in the circuit court.
Ala. Code § 43-2-621 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-621
Section 43-2-621 Orders of Distribution - to Whom Directed; Contents
Status: in_force

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 their respective shares and must require them to return their proceedings on a day specified in such order.
Ala. Code § 43-2-740 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-740
Section 43-2-740 Time and Manner of Filing Claims - Generally
Status: in_force

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 subsection (b) of Section 43-2-350. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. And when, prior to the declaration of insolvency, a claim has been filed in the office of the judge of probate, as required by said section, such claim shall be considered as duly filed under this section.
Ala. Code § 43-2-297 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-297
Section 43-2-297 Costs
Status: in_force

If the application is determined against the applicant, he or she, otherwise the executor or administrator, must be taxed with the costs, for which execution may be issued.
Ala. Code § 43-8-202 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-202
Section 43-8-202 Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses’ Testimony
Status: in_force

The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced to writing by the judge of probate, according to Section 43-8-169, is evidence to be considered by the judge or jury.
Ala. Code § 43-2-683 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-683
Section 43-2-683 Previous Fees Considered Upon Final Settlement
Status: in_force

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 have been allowed and paid to them prior to such final settlement, but such administrators or executors shall be entitled to full credit for any fees allowed and paid on any annual or partial settlement after notice given as provided for in case of final settlements.
Ala. Code § 43-2-454 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-454
Section 43-2-454 Dismissal of Application Upon Failure of Proof
Status: in_force

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 execution may issue against him or her and his or her sureties.
Ala. Code § 43-2-748 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-748
Section 43-2-748 Allowance of Due Part of Claim
Status: in_force

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 party, or in such proportion by either party as the court may direct.
Ala. Code § 43-2-661 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-661
Section 43-2-661 Petition to Establish Presumption
Status: in_force

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 executor, administrator or surety may file a petition or complaint, verified by affidavits, in the court in which such a cause is pending, alleging the existence of the facts that raise the presumptions stated in Section 43-2-660, and, upon the filing of such petition or complaint and giving security for costs of the proceeding, the court must appoint a day for the hearing of such petition or complaint and must give notice of the same by publication in some newspaper published in the county for three successive weeks or, if none is published in the county, by posting such notice at the courthouse and three other public places in such county for the same length of time; and the court must also give 10 days’ notice to every adult distributee resident in the state and to all sureties on the bond of the administrator or executor in said cause, of the day set for hearing the petition or complaint.
Ala. Code § 43-8-226 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-226
Section 43-8-226 Specific Devise of Securities; Change in Securities; Accessions; Nonademption
Status: in_force

(a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to:

(1) As much of the devised securities as is a part of the estate at time of the testator’s death;

(2) Any additional or other securities of the same entity derived from the securities specifically devised and owned by the testator by reason of action initiated by the entity excluding any acquired by exercise of purchase options;

(3) Securities of another entity derived from the securities specifically devised and owned by the testator as a result of a merger, consolidation, reorganization or other similar action initiated by the entity; and

(4) Any additional securities of the entity owned by the testator as a result of a plan of reinvestment if it is a regulated investment company, which is defined in Section 851 of the Federal Internal Revenue Code of 1954 as amended.

(b) Distributions prior to death with respect to a specifically devised security not provided for in subsection (a) of this section are not part of the specific devise.
Ala. Code § 43-2-293 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-293
Section 43-2-293 Application for Removal or Additional Bond
Status: in_force

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 of complaint and must be made to the court from which letters issued, or in which the administration is pending; and may be made by any creditor, legatee, devisee, heir, or distributee, or by any coexecutor, coadministrator or the sureties, or any of them.
Ala. Code § 43-8-47 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-47
Section 43-8-47 Inheritance by Afterborn Heirs
Status: in_force

Relative of the decedent conceived before his or her death but born thereafter inherit as if they had been born in the lifetime of the decedent.
Ala. Code § 43-2-90 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-90
Section 43-2-90 Rights of Sureties Among Themselves
Status: in_force

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 of the last bond, have the same remedies against the sureties on the remaining bonds as cosureties have against each other and may recover against such sureties such an amount as shall be in the same proportion to the sum paid by the plaintiff as the aggregate penalty of the two bonds bears to the penalty of the bond of the defendant, apportioning the same among the solvent sureties.
Ala. Code § 43-2-410 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-410
Section 43-2-410 Power of Sale Conferred
Status: in_force

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, on the written application of the executor or administrator, verified by affidavit, in the following cases, unless, in such cases, power to sell is conferred by the will:

(1) For the payment of debts.

(2) To make distribution among the distributees or legatees.

(3) To prevent the waste or destruction of property liable to waste, or of a perishable nature, if it is proved that the sale would be beneficial to the estate.
Ala. Code § 43-2-445 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-445
Section 43-2-445 Notice and Hearing Generally; Time for Hearing; Appointment of Guardian Ad Litem
Status: in_force

(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 appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound mind, if any there be, and must issue a citation to the heirs or devisees of full age, and residing in this state, notifying them of the application, and the day appointed for hearing the same, which must be served on them 10 days before the day appointed for the hearing.

(b) If such application be for the sale of land for the payment of debts, notice must also be given by publication, once a week for three successive weeks, in some newspaper published in the county, or by posting up notice at the courthouse door and three other public places in the county, at the discretion of the court. If no newspaper is published in the county, notices must be posted as above prescribed.
Ala. Code § 43-2-272 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-272
Section 43-2-272 Duty of Probate Court to Grant Letters of Administration Upon Vacancy
Status: in_force

(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 of administration, with will annexed, to the person entitled thereto under Section 43-2-27.

(b) If an administrator dies, resigns, or is removed, the probate court having jurisdiction of the estate must grant letters of administration of the goods and chattels, rights, and credits, unadministered, to the person entitled thereto, as in cases of intestacy.
Ala. Code § 43-2-371 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-371
Section 43-2-371 Order of Preference
Status: in_force

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 administration.

(3) Expenses of the last sickness.

(4) Taxes assessed on the estate of the decedent previous to his or her death.

(5) Debts due to employees, as such, for services rendered the year of the death of the decedent.

(6) The other debts of the decedent.
Ala. Code § 43-6-8 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-8
Section 43-6-8 Action by State to Recover Personal Property Distributed Without Authority
Status: in_force

The state may enforce its right to any personal property to which it is entitled under the provisions of this chapter by action against any person into whose possession the same may come; and, if any personal representative pays any money or delivers any property to which the state is, under the provisions of this chapter, entitled, to any person not authorized to receive the same, such personal representative and his or her sureties are liable to the state for the amount of such money or value of such property and interest thereon from the time of such payment or delivery.
Ala. Code § 43-8-163 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-163
Section 43-8-163 Probate Not Prevented by Subsequent Incompetency of Witnesses
Status: in_force

If the witnesses attesting the execution of any will are competent at the time of their attestation, their subsequent incompetency, from whatever cause it may arise, must not prevent the probate of such will, if otherwise satisfactorily proved.
Ala. Code § 43-2-416 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-416
Section 43-2-416 When Bid Rejected and Sale Postponed
Status: in_force

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 fair value, he or she may withdraw the property and postpone the sale.
Ala. Code § 43-2-198 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-198
Section 43-2-198 Service of Process - Generally
Status: in_force

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 in any case by personal service upon them if found within the state, or by filing in the probate court granting letters a copy of the summons or other process and by sending a copy thereof through the mail to such executor or administrator and serving a copy thereof upon a resident surety, if there be one, as provided in Section 43-2-199.
Ala. Code § 43-8-54 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-54
Section 43-8-54 Controversy as to Advancements - Consequence of Failure to Answer
Status: in_force

In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he or she has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his or her full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he or she has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application.
Ala. Code § 43-2-83 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-83
Section 43-2-83 Discharge of Surety; New Bond
Status: in_force

(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 future liability as such surety or sureties, or upon the application in writing of the personal representative or of an heir or devisee of a deceased surety upon such bond requesting that the estate of such deceased surety be discharged from future liability by reason of such suretyship, the court shall give to such executor or administrator notice of such application and require him or her, within 15 days after the service of the notice, to make a new bond; and upon the failure to make such bond, such executor or administrator shall be removed and his or her letters revoked; and upon such removal he or she shall make settlement of his or her administration. Any number of persons having the right to make application under this section may join in the application.

(b) When a new bond is given under subsection (a) of this section, the surety on whose application or the estate of the deceased surety on whose behalf the application was made, as the case may be, is discharged as to all breaches subsequent to the execution and approval of the new bond.
Ala. Code § 43-2-585 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-585
Section 43-2-585 Enforcement of Payment or Delivery
Status: in_force

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 directed to be paid or the property directed to be delivered is not paid or delivered within 60 days after such order, an execution may issue for such amount or the value of such property against such executor or administrator and his or her sureties.
Ala. Code § 43-8-165 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-165
Section 43-8-165 Notice to Surviving Spouse and Next of Kin - Minors
Status: in_force

If any of the next of kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure; and in addition to the service above provided for minors, the court must appoint a guardian ad litem who is disinterested and who shall be an attorney-at-law and who does not represent any party having an interest adverse to such minors; and notice shall issue to such guardian ad litem. Such guardian shall accept service and agree to represent the minors in the proof and probate of the will, and if he or she fail to accept service and agree to appear for the minors within 10 days after service, the court appoint another guardian ad litem, upon whom notice must be served, and he or she must agree to accept service and represent the minors as is provided in the first instance, and the will must not be probated until a guardian ad litem has agreed to accept the appointment and to represent the minors in the proof and probate of the will, which acceptance and agreement must be in writing and filed with the papers in the cause, and notice must be given to such guardian ad litem in all proceedings to contest the probate of the will.
Ala. Code § 43-8-292 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-292
Section 43-8-292 Filing and Delivery of Disclaimer
Status: in_force

(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest, not later than nine months after the death of the deceased owner or deceased donee of a power of appointment and, if of a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced or, if they have not been commenced, in which they could be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative or other fiduciary of the decedent or donee of the power.

(b) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered or filed, as to a present interest, not later than nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than nine months after the event determining that the taker of the property or interest has become finally ascertained and his or her interest is indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered or filed not later than nine months after he or she has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or herself or another the entire legal and equitable ownership of the interest. The disclaimer or a copy thereof shall be delivered in person or mailed by registered or certified mail to the trustee or other person who has legal title to, or possession of, the interest disclaimed.

(c) In any case, as to a transfer creating an interest in the disclaimant made after December 31, 1976, and subject to tax under Chapter 11, 12, or 13 of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age 21.

(d) If real property or an interest therein is disclaimed, a copy of the disclaimer instrument may be filed for record in the office of the probate judge of the county in which the property or interest disclaimed is located.
Ala. Code § 43-8-229 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-229
Section 43-8-229 Exercise of Power of Appointment
Status: in_force

A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intention to include the property subject to the power.
Ala. Code § 43-2-197 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-197
Section 43-2-197 Liability to Actions; Venue
Status: in_force

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.
Ala. Code § 43-2-298 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-298
Section 43-2-298 Order to Give Additional Bond
Status: in_force

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 the court may think reasonable; and if such order is not complied with within the time prescribed, the executor or administrator must be removed and his or her letters revoked.
Ala. Code § 43-8-160 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-160
Section 43-8-160 Who May Have Will Probated
Status: in_force

Upon the death of a testator, any executor, devisee, or legatee named in the will, or any person interested in the estate, or who has custody of such will may have the will proved before the proper probate court.
Ala. Code § 43-2-452 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-452
Section 43-2-452 When Depositions Required
Status: in_force

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 are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing the necessity of such sale; and such evidence must be taken, whether the allegations in the petition are denied or not by the guardian appointed by the court to represent the minors or persons of unsound mind or unknown parties; and any order of sale and sale, made without a compliance with the requisitions of this section, shall be wholly void.
Ala. Code § 43-2-843 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-843
Section 43-2-843 Transactions Authorized for Personal Representatives; Exceptions
Status: in_force

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 personal representative, acting prudently for the benefit of the interested persons, may properly:

(1) Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment.

(2) Receive assets from fiduciaries, or other sources.

(3) Perform, compromise, or refuse performance of the decedent’s contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may do either of the following:

a. Execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser’s note for the sum remaining due secured by a mortgage or deed of trust on the land.

b. Deliver a deed in escrow with directions that the proceeds when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

(4) Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.

(5) If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally.

(6) Abandon personal property when, in the opinion of the personal representative, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate.

(7) Vote stocks or other securities in person or by general or limited proxy.

(8) Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims.

(9) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held.

(10) Insure the assets of the estate against damage, loss, and liability and the personal representative against liability as to third persons.

(11) Borrow money without security or with security of personal property to be repaid from the estate assets or otherwise; and advance money for the protection of the estate.

(12) Effect a fair and reasonable compromise with any debtor or obligor, or extend, renew, or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge, or other lien upon property of another person, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by the lien.

(13) Pay taxes, assessments, and other expenses incident to the administration of the estate.

(14) Sell or exercise stock subscription or conversion rights; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise.

(15) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term not to exceed one year.

(16) Allocate items of income or expense to either estate income or principal, as permitted or provided by law.

(17) Employ necessary persons, including appraisers, attorneys, auditors (who may include certified public accountants, public accountants, or internal auditors), investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of administrative duties; act without independent investigation upon recommendations of agents or advisors; and instead of acting personally, employ one or more agents to perform any act of administration, whether or not discretionary.

(18) Prosecute or defend claims or proceedings in any jurisdiction for the protection or benefit of the estate and of the personal representative in the performance of duties of the personal representative.

(19) Continue any unincorporated business or venture in which the decedent was engaged at the time of death as provided in any of the following:

a. In the same business form for a period of not more than one year from the date of appointment of a general personal representative if continuation is a reasonable means of preserving the value of the business including good will.

b. In the same business form for any additional period of time that may be approved by order of the court in a proceeding to which the persons interested in the estate are parties.

c. Throughout the period of administration if the business is incorporated by the personal representative and if none of the probable distributees of the business who are competent adults object to its incorporation and retention in the estate.

(20) Incorporate any business or venture in which the decedent was engaged at the time of death.

(21) Provide for exoneration of the personal representative from personal liability in any contract entered into on behalf of the estate.

(22) Satisfy and settle claims and distribute the estate as provided in Title 43.
Ala. Code § 43-2-42 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-42
Section 43-2-42 Order of Grant of Administration
Status: in_force

(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 to serve in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) Any other person as the judge of probate may appoint.

(b) Notwithstanding the provisions of subsection (a) of this section, in all counties having a population of 400,000 or more, according to the last or any subsequent federal census, or in any county having an elected general or county administrator, administration of an intestate’s estate must be granted to some one of the persons hereinafter named, if willing to accept and satisfactory to serve, in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) The county or general administrator.

(5) Any other person as the judge of probate may appoint.
Ala. Code § 43-2-649 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-649
Section 43-2-649 Costs
Status: in_force

If any application made under the provisions of this division is determined against the applicant, he or she must pay the costs.
Ala. Code § 43-2-292 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-292
Section 43-2-292 Additional Bond May Be Required; Removal for Default
Status: in_force

An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his or her letters revoked, in the following cases:

(1) When it is shown to the court by his or her sureties, or either of them, that he or she has become, or is likely to become, insolvent, and that they have sustained, or probably will sustain, loss thereby.

(2) When his or her letters have been granted on insufficient security, or the security has become insufficient since the grant, or any of his or her sureties have died or have removed from the state.

(3) When the penalty of the bond is not sufficient to secure the due performance of the trusts committed to him or her.
Ala. Code § 43-2-112 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-112
Section 43-2-112 Executor or Administrator of Decedent Who Wasted or Converted Another Decedent’s Assets
Status: in_force

The executor or administrator of any decedent who, as executor, administrator, or otherwise, has wasted or converted to his or her own use any assets of any other decedent is liable in the same manner as his or her testator or intestate would have been if living.
Ala. Code § 43-2-833 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-833
Section 43-2-833 General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue
Status: in_force

(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 dealing with the estate that would be observed by a prudent person dealing with the property of another. If the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon personal representatives by law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.

(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a proceeding questioning the personal representative’s appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor or dependent child, and any pretermitted child of the decedent.

(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
Ala. Code § 43-2-580 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-580
Section 43-2-580 When Legatee or Widow Entitled to Compel Payment
Status: in_force

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 assets in the hands of such executor or administrator to pay the debts of the deceased, any legatee may apply to the probate court of the county in which letters were granted to compel the payment of his legacy; and a widow who has dissented from her husband’s will or her personal representative, if she is dead, shall have like remedy to compel the payment of the distributive share to which she may be entitled.
Ala. Code § 43-2-417 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-417
Section 43-2-417 Resale Upon Failure of Purchaser to Comply with Terms; Liability for Deficiency
Status: in_force

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. If, on another and a completed sale, the property sells for a less sum than the amount bid at the former sale, the purchaser so in default is liable to the executor, administrator or any person damaged for the deficiency, and also the expense of the sale.
Ala. Code § 43-2-620 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-620
Section 43-2-620 Orders of Distribution - Generally
Status: in_force

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 same, may render a decree thereon, and the property must be delivered according to such decree; or, if there is money only to be divided, it may render a decree in favor of each distributee entitled to the same, for his or her distributive share, against the executor or administrator.
Ala. Code § 43-2-254 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-254
Section 43-2-254 Enforcement of Decree or Judgment When Administrator Adversely Interested
Status: in_force

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 against such executor or administrator, no execution, writ of possession, or other writ for the enforcement of the decree or judgment shall issue thereon, but in such decree or judgment the court shall require the executor or administrator to charge himself or herself, as executor or administrator of the estate represented by the administrator ad litem, with the money or property recovered of him or her by the administrator ad litem; but when the decree or judgment is not against the executor or administrator, execution, writ of possession, or other writ for the enforcement of the judgment or decree, shall issue thereon in favor of such executor or administrator.
Ala. Code § 43-2-411 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-411
Section 43-2-411 Notice of Application
Status: in_force

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 weeks, as the judge of probate may require; but when the property is perishable, and it is so specified in the application, no notice is required if the judge is satisfied of the truth of the allegations contained in the application.
Ala. Code § 43-2-812 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-812
Section 43-2-812 Judgment Certified to Probate Court; Execution for Costs
Status: in_force

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 made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him or her for the same as in other cases.
Ala. Code § 43-2-501 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-501
Section 43-2-501 When Final Settlement May Be Made
Status: in_force

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 of the estate in other respects will admit of it.
Ala. Code § 43-8-195 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-195
Section 43-8-195 Admission or Rejection of Will
Status: in_force

When the judgment of the probate court is against the validity of the will, the probate thereof must be rejected; otherwise, the will must be admitted to probate.
Ala. Code § 43-2-151 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-151
Section 43-2-151 Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties
Status: in_force

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 regular term of such court “no property” by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his or her sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee.
Ala. Code § 43-8-43 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-43
Section 43-8-43 Requirement That Heir Survive Decedent for Five Days
Status: in_force

Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under Section 43-8-44.
Ala. Code § 43-2-517 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-517
Section 43-2-517 Appointment and Compensation of Special Guardian
Status: in_force

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 that the executor or administrator making the settlement is also guardian of any heir or distributee, devisee, or legatee of the decedent; but in such case the court must appoint a special guardian, without bond, to represent such heir or distributee, devisee, or legatee on the settlement and distribution; and, upon final settlement, any decree to which such ward may be entitled must be rendered against the executor or administrator in the name of the special guardian for the use of the ward; and thereafter the executor or administrator, in the capacity of guardian, shall be accountable for such decree. The special guardian shall be entitled to reasonable compensation for his or her services and for the services of counsel properly employed to be allowed by the court and to be paid by such general guardian out of the estate of the ward.
Ala. Code § 43-2-530 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-530
Section 43-2-530 Authorization to Compel Settlement
Status: in_force

Any executor or administrator may be required by citation to file his or her accounts and vouchers and to make a settlement, notwithstanding any provision in any will or other instrument to the contrary; and, if after service of the citation, he or she fails to file his or her accounts and vouchers for a settlement on the day named in the citation, the probate court or other court having jurisdiction of the said estate may compel him or her to do so by attachment or may proceed to state the account against him or her from the materials on file or such other information as may be accessible, charging him or her with such assets as may have come to his or her hands.
Ala. Code § 43-8-138 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-138
Section 43-8-138 When Will Revived on Revocation of Subsequent Will
Status: in_force

(a) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by acts under Section 43-8-136, the first will is revoked in whole or in part unless it is evident from the circumstances of the revocation of the second will or from testator’s contemporary or subsequent declarations in writing, signed by the testator and attested as prescribed in Section 43-8-131, that he or she intended the first will to take effect as executed.

(b) If a second will which, had it remained effective at death, would have revoked the first will in whole or in part, is thereafter revoked by a third will, the first will is revoked in whole or in part, except to the extent it appears from the terms of the third will that the testator intended the first will to take effect.
Ala. Code § 43-8-162 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-162
Section 43-8-162 Where Will Probated
Status: in_force

Wills must be proved in the several probate courts as follows:

(1) When the testator, at the time of his or her death, was an inhabitant of the county, in the probate court of such county.

(2) When the testator, not being an inhabitant of the state, dies in the county, leaving assets therein, in the probate court of such county.

(3) When the testator, not being an inhabitant of the state, dies out of the county, leaving assets therein, in the probate of the county in which such assets, or any part thereof, are.

(4) When the testator, not being an inhabitant of the state, dies, not leaving assets therein, and assets thereafter come into any county, in the probate court of any county into which such assets are brought.

(5) In the probate court of the county designated by testator in the will if the testator owns property in such county at the time of his or her death.
Ala. Code § 43-2-551 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-551
Section 43-2-551 Making Succeeding Executor or Administrator Party to Settlement
Status: in_force

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 and, if a resident of this state, must have personal notice of the time of making the same served on him at least 10 days before the day appointed therefor.
Ala. Code § 43-2-211 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-211
Section 43-2-211 Right to Maintain Actions and Recover or Receive Property in State
Status: in_force

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 his or her death, an inhabitant of this state, in any other of the United States, and who has not obtained letters of administration thereon in this state, as authorized by Article 8 of Chapter 2 of this title, may maintain civil actions and recover or receive property in this state:

(1) By recording, at any time before judgment or the receipt of the property, a copy of his or her letters, duly authenticated according to the laws of the United States, in the office of the judge of probate of the county in which such civil action is brought or property received; or

(2) By giving bond, with at least two good and sufficient sureties, payable to and approved by such judge of probate, in such amount as he or she may prescribe, to be determined with reference to the value of the property to be recovered or received and conditioned to faithfully administer such recovery or property according to law.
Ala. Code § 43-2-749 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-749
Section 43-2-749 Debt Not Due
Status: in_force

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; and he or she is entitled to his or her dividend or such an amount as, with the interest added from the time of payment to the maturity of the debt, would be equal to the amount thereof.
Ala. Code § 43-2-375 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-375
Section 43-2-375 Payment of Debts Not Due
Status: in_force

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 the provisions of Section 43-2-374 include such debts; but such payment must not be made unless the creditor accepts, in discharge of such debt, such an amount as, with interest from the day of payment to the day when such debt is due, would make the amount thereof.
Ala. Code § 43-8-5 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-5
Section 43-8-5 Relief Against Fraud; Limitations
Status: in_force

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within one year after the discovery of the fraud or from the time when the fraud should have been discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of the commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his or her lifetime which affects the succession of his or her estate.
Ala. Code § 43-6-3 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-3
Section 43-6-3 Contents of Notice
Status: in_force

Such notice must contain the name of the deceased, as near as may be, a description of his or her person, the place where he or she was or is supposed to have been born, the place where he or she died, or was known to reside, and a description of the property of which he or she died seised and possessed.
Ala. Code § 43-2-234 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-234
Section 43-2-234 Issuance of Letters of Administration
Status: in_force

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 be forthcoming, it shall be the duty of the court to issue the letters of administration to the party thereto entitled, and the said letters, until revoked, and all acts done in pursuance thereof, and in reliance thereupon, shall be as valid as if the supposed decedent were actually dead.
Ala. Code § 43-2-135 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-135
Section 43-2-135 Actions Against Survivor of Two or More Executors or Administrators
Status: in_force

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 does not abate but may be continued against the survivor or survivors, on a suggestion of such death on the record.
Ala. Code § 43-2-831 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-831
Section 43-2-831 Time of Accrual of Duties and Powers
Status: in_force

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 the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent’s body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Ala. Code § 43-2-627 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-627
Section 43-2-627 Setting Off Indebtedness of Distributee or Legatee
Status: in_force

(a) If, on final settlement, any distributee or legatee owes the estate any debt, contracted with the decedent in his or her lifetime or with the executor or administrator in his or her representative capacity, the court shall allow the same in favor of the executor or administrator, as a setoff against the distributive share of such distributee or legatee and shall decree satisfaction of his or her distributive share to the extent of such debt or demand; but the distributee or legatee may make any defense to the setoff that would be available to him or her in a direct proceeding for the recovery of the debt.

(b) In no case shall a decree be rendered in favor of the executor or administrator against such distributee or legatee for the excess, when the debt is greater in amount than the distributive share; nor shall the executor or administrator be prevented from prosecuting a civil action in the proper court for any excess that may be due him or her from such distributee or legatee.
Ala. Code § 43-2-391 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-391
Section 43-2-391 Notice and Hearing
Status: in_force

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 the court may deem just. When, or at such time as the court may continue the hearing, the court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof will promote the interests of the estate, must make and enter a decree directing the sale or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed, it must be made by the executor or administrator at the courthouse of the county, or such other place as the court may direct, at public outcry to the highest bidder for cash, after having first given notice of the time and place thereof by publication, once a week for three successive weeks, in some newspaper published in the county, or if none is published therein, by posting notices for three weeks at the courthouse door, and three other public places in the county, or the notice may be given in any manner and for any time which may be directed by the court.
Ala. Code § 43-2-697.02 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-697.02
Section 43-2-697.02 Filing of Claim Against Estate of Medicaid Recipient
Status: in_force

(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 behalf of the recipient, but only as allowed by 42 U.S.C. §1396p, except that the agency shall not file a claim that includes medical assistance payments made at any time for Medicare cost-sharing or for benefits under the Medicare Savings Programs described in 42 U.S.C §1396a(a)(10)(E).

(b) The claim shall be filed pursuant to Article 15 of this chapter, unless otherwise provided by law. The claim shall be filed with an affidavit stating the amount the Medicaid Agency spent and the time period in which the amount was spent. The affidavit shall be completed by the Commissioner of Medicaid or a designee. The affidavit shall be competent evidence of the claim and shall be prima facie genuine and authentic when signed by the commissioner or a designee.

(c) This section shall apply prospectively.
Ala. Code § 43-2-506 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-506
Section 43-2-506 Settlement by Consent Without Notice
Status: in_force

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 and all legatees and distributees named in the will are of age and proof is made that all legal charges against the estate have been paid in full, the probate court, upon verified petition of the personal representative consented to by written instrument properly executed and acknowledged by all legatees and distributees, may approve a consent settlement without notice or publication or posting. In any case in which an administration is conducted pursuant to letters testamentary or letters of administration granted in this state and such administration in this state is ancillary to a primary administration in another state, and proof is made that all legal charges against the estate in this state have been paid in full and the balance of the assets of the estate in this state have been delivered to the executor or personal representative in the state of primary administration, the probate court, upon verified petition of the executor or personal representative appointed in this state consented to by the executor or personal representative in the state of primary administration, may approve a consent settlement without notice or publication or posting. In all other cases, when all heirs and next of kin are of age and proof is made that all legal charges against the estate have been paid in full, the probate court, upon verified petition of the personal representative consented to by written instrument properly executed and acknowledged by all heirs and next of kin, may approve a consent settlement without notice or publication or posting. In any of the above enumerated cases in which a minor or person of unsound mind may be a distributee or legatee and such minor or person of unsound mind has a guardian, duly appointed by any court of this state, and such guardian is not adversely interested to his or her ward in said settlement, such guardian may approve a consent settlement as evidenced by his or her consent in writing, if properly executed and acknowledged.
Ala. Code § 43-2-20 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-20
Section 43-2-20 Generally
Status: in_force

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 testamentary, according to the provisions of this article, to the persons named as the executors in such will, if they are fit persons to serve as such.
Ala. Code § 43-8-139 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-139
Section 43-8-139 Incorporation by Reference
Status: in_force

Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
Ala. Code § 43-2-110 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-110
Section 43-2-110 Limits of Liability Generally
Status: in_force

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 or her hands or which have been lost, destroyed, wasted, injured, depreciated or not collected by want of diligence on his or her part or an abuse of his or her trust.
Ala. Code § 43-8-56 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-56
Section 43-8-56 Alien Status Not a Disqualification to Inheriting
Status: in_force

No person is disqualified to take as an heir because he or she or a person through whom he or she claims is or has been an alien.
Ala. Code § 43-2-138 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-138
Section 43-2-138 Action by Legatee to Recover Legacy
Status: in_force

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 his or her legacy, upon proof that the executor assented to the same.
Ala. Code § 43-8-42 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-42
Section 43-8-42 Share of Heirs Other Than Surviving Spouse
Status: in_force

The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows:

(1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;

(2) If there is no surviving issue, to his or her parent or parents equally;

(3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation;

(4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.
Ala. Code § 43-2-450 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-450
Section 43-2-450 Order of Sale for Payment of Debts
Status: in_force

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 by the will for that purpose, the court may direct the sale of all, or such portion of the real estate as may be necessary to pay the debts; and such sale may be had on such credit as the court may direct, not exceeding two years.
Ala. Code § 43-8-196 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-196
Section 43-8-196 Costs
Status: in_force

The costs of any contest under the provisions of this article must be paid by the party contesting if he or she fails; otherwise, it must be paid by the plaintiff or out of the estate, or in such proportion by the plaintiff or out of the estate as the court may direct; and for the costs directed to be paid by the plaintiff or defendant, execution may be issued as in other cases; and the costs directed to be paid out of the estate may be collected as other claims against an estate are collected.
Ala. Code § 43-2-600 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-600
Section 43-2-600 When Matters of Controversy May Be Referred to Arbitration
Status: in_force

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 pending has authority to refer all matters of controversy arising in such settlement to arbitration, if, in the opinion of the court, the interests of the parties can be best subserved thereby and the parties, or their attorneys, consent thereto.
Ala. Code § 43-2-200 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-200
Section 43-2-200 Liability of Sureties to Execution
Status: in_force

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 to satisfy the same, is found in the county in which the execution is issued, the sureties on his or her bond shall be liable in all respects as in cases of a return of no property found on executions issued against resident executors or administrators.
Ala. Code § 43-2-336 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-336
Section 43-2-336 Cultivation Under Direction of Executor or Administrator
Status: in_force

When the estate of any decedent is kept together the real estate may be cultivated under the direction of the executor or administrator.
Ala. Code § 43-2-696 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-696
Section 43-2-696 Effect of Transfer Pursuant to Summary Distribution Order
Status: in_force

The person making payment, delivery, transfer, or issuance of personal property or evidence thereof pursuant to an order for summary distribution issued under this division shall be discharged and released to the same extent as if made to a personal representative of the decedent, and the person shall not be required to see the petition or to inquire into the truth of any statement in the petition if made by any other person. If any person to whom such order is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, the personal property may be recovered or its payment, delivery, transfer, or issuance compelled in an action brought for such purpose by or on behalf of the person entitled thereto under Sections 43-2-691.1, 43-2-692, and 43-2-695 upon proof of the right declared by such sections.
Ala. Code § 43-2-601 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-601
Section 43-2-601 Consent by Guardian
Status: in_force

If any person interested in such estate is an infant or of unsound mind, his or her guardian shall have authority to consent to the reference to arbitration, which consent must be in writing, and, when so given, shall be binding on such person as fully and effectually as if he or she were of full age or of sound mind.
Ala. Code § 43-2-440 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-440
Section 43-2-440 Renting of Lands
Status: in_force

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 is assets; but when lands are rented privately, he or she must report such renting to the probate court of the proper county within 30 days thereafter.
Ala. Code § 43-2-504 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-504
Section 43-2-504 Appointment of Guardian Ad Litem
Status: in_force

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 settlement.
Ala. Code § 43-2-412 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-412
Section 43-2-412 Contesting Application
Status: in_force

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 the estate that other property should be sold.
Ala. Code § 43-8-222 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-222
Section 43-8-222 Controlling Effect of Intention of Testator
Status: in_force

The intention of a testator as expressed in his or her will controls the legal effect of his or her dispositions. The rules of construction expressed in the succeeding sections of this article apply unless a contrary intention is indicated by the will.
Ala. Code § 43-2-644 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-644
Section 43-2-644 When Distribution Made; Limit on Amount
Status: in_force

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 the assets are more than sufficient to pay the debts and charges, it may make an order of distribution for such portion of the distributive share of the applicant as may be authorized by the evidence; but, in making such order, the court must not exceed the share to which the applicant would be entitled on a final settlement and distribution.
Ala. Code § 43-8-130 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-130
Section 43-8-130 Who May Make a Will
Status: in_force

Any person 18 or more years of age who is of sound mind may make a will.
Ala. Code § 43-8-230 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-230
Section 43-8-230 Construction of Generic Terms to Accord with Relationships as Defined for Intestate Succession; When Person Born Out of Wedlock Treated as Child of Father
Status: in_force

Half-bloods, adopted persons, and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession. However, a person born out of wedlock is not treated as the child of the father unless the person is openly and notoriously so treated by the father.
Ala. Code § 43-8-73 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-73
Section 43-8-73 Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order
Status: in_force

(a) The surviving spouse may elect to take his or her elective share by filing with the court and mailing or delivering to the personal representative, if any, a petition for the elective share within six months after the date of death, or within six months after the probate of the decedent’s will, whichever limitation last expires.

The court may extend the time for election for cause shown by the surviving spouse before the time for election has expired.

(b) The surviving spouse shall give notice of the time and place set for hearing to persons interested in the estate whose interests will be adversely affected by the taking of the elective share.

(c) The surviving spouse may withdraw his or her demand for an elective share at any time before entry of a final determination by the court.

(d) After notice and hearing, the court shall determine the amount of the elective share and shall order its satisfaction from the assets of the estate. If it appears that a fund or property included in the estate has not come into the possession of the personal representative, or has been distributed by the personal representative, the court nevertheless shall fix the liability of any person who has any interest in the fund or property or who has possession thereof, whether as trustee or otherwise. The proceeding may be maintained against fewer than all persons against whom relief could be sought, but no person is subject to contribution in any greater amount than he or she would have been if relief had been secured against all persons subject to contribution.

(e) The order or judgment of the court may be enforced as necessary in suit for contribution or payment in other courts of this state or other jurisdictions.
Ala. Code § 43-2-335 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-335
Section 43-2-335 Order Authorizing Hiring of Laborers - Petition; Notice and Hearing
Status: in_force

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 based; and, upon the filing of such petition, the court must appoint a day for the hearing of the same, and must give 10 days’ notice thereof by advertisement in some newspaper published in the county, or if there be no newspaper published in the county, then by posting the notice at the courthouse door. On the day appointed, the court must proceed to hear and determine the same upon the evidence adduced by the petitioner, or the other parties in interest, and any other evidence that the court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary, the court must grant such order, and must require the petitioner to return a written report of such hiring under oath, on or before a day specified in such order.
Ala. Code § 43-8-45 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-45
Section 43-8-45 Division of Estate Where Representation Is Involved
Status: in_force

If representation is called for by this chapter, the estate is divided into as many shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one share and the share of each deceased person in the same degree being divided among the issue of such deceased heir in the same manner.
Ala. Code § 43-2-516 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-516
Section 43-2-516 Decree Passing Account as Stated
Status: in_force

On auditing the account, the court must state the same and render a decree passing it as stated; and the same must be recorded.
Ala. Code § 43-2-415 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-415
Section 43-2-415 Terms of Sale
Status: in_force

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, with at least two sufficient sureties, must be taken by the executor or administrator.
Ala. Code § 43-2-459 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-459
Section 43-2-459 Report and Examination of Sale - Generally
Status: in_force

The executor or administrator must, within 30 days after such sale, report on oath his or her proceedings to the court, which report must show whether or not the executor or administrator has any personal pecuniary interest in the sale, whether he or she is, directly or indirectly, a purchaser at such sale; and the court must examine the same, and may also examine witnesses in relation thereto.
Ala. Code § 43-2-93 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-93
Section 43-2-93 Reducing Amount of Bond
Status: in_force

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 court in which such estate is pending, such executor or administrator may pray for a reduction in the amount of his or her bond as a fiduciary, and thereupon the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates. And on the day set for hearing the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds.
Ala. Code § 43-2-702 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-702
Section 43-2-702 Report of Insolvency - Statement to Be Filed with Report
Status: in_force

He or she must file with such report:

(1) A statement of all the goods and chattels, evidences of debt, and other personal property, with the estimated value of each, and the amount of money belonging to such estate;

(2) A full statement of the real property of the deceased, or any interest therein, and estimated value thereof;

(3) A full statement of the claims against the estate which have come to his or her knowledge, the character and amount of each claim, and the name and residence of each creditor, if known; and

(4) A full statement of the names and ages of all heirs or distributees and their places of residence.
Ala. Code § 43-2-584 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-584
Section 43-2-584 Refunding Bond
Status: in_force

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 paid or in double the value of the property to be delivered, to be ascertained by the appraisement or other evidence satisfactory to the court, with at least two sufficient sureties, conditioned to refund the amount paid or to return the property or pay the value thereof, with interest on such amount or value from the time the same was received, should the assets prove insufficient to discharge the other debts presented and charges and other legacies entitled to priority of payment.
Ala. Code § 43-2-697.03 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-697.03
Section 43-2-697.03 Liens Program
Status: in_force

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 this division shall shrink or expand the Medicaid Agency’s federal law authority or grant a new cause of action that is not currently available under state or federal law. The agency shall always remain in compliance with 42 U.S.C. §1396p.
Ala. Code § 43-2-561 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-561
Section 43-2-561 Settlement by Sureties of Deceased Executor or Administrator - Making Representative of Deceased Executor or Administrator Party to Settlement
Status: in_force

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, on motion, have such executor or administrator of such deceased executor or administrator made a party to such settlement on 10 days’ notice.
Ala. Code § 43-2-560 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-560
Section 43-2-560 Settlement by Sureties of Deceased Executor or Administrator - Filing Account and Vouchers
Status: in_force

In case of the death of an executor or administrator who had not made a final settlement of his or her executorship or administration, and where letters of administration or testamentary have not been granted on his or her estate, the sureties on his or her official bond may proceed to make settlement of his administration of said estate as executor or administrator in the probate court having jurisdiction thereof by filing an account and vouchers for final settlement with the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or minors and guardian ad litem, where minors are interested.
Ala. Code § 43-2-48 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-48
Section 43-2-48 Conclusiveness of Letters
Status: in_force

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, are conclusive evidence of the authority of the person to whom the same are granted, from the date thereof until the same are revoked; and, when granted, such letters exclude the probate court of every other county from the jurisdiction thereof and extend to all the property of the deceased in the state.
Ala. Code § 43-2-834 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-834
Section 43-2-834 Personal Representative to Proceed Without Court Order; Exception
Status: in_force

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 the court, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court to resolve any questions concerning the estate or its administration.
Ala. Code § 43-7-8 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-8
Section 43-7-8 Uniformity of Interpretation
Status: in_force

This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.
Ala. Code § 43-8-114 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-114
Section 43-8-114 Spouse May Retain Dwelling, Etc., until Assignment of Homestead
Status: in_force

The spouse may retain possession of the dwelling house where the surviving spouse resided with the decedent, with the offices and buildings appurtenant thereto and the plantation connected therewith until homestead is assigned, free from the payment of rent. The obligation to pay rent, if any, on the dwelling shall be an obligation of the decedent’s estate.
Ala. Code § 43-2-150 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-150
Section 43-2-150 Enforcement of Judgments, Etc., of Probate Court Against Representatives - Generally
Status: in_force

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 by process of garnishment, which may issue in like cases and manner as it may issue on judgments in circuit courts, and may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of personal property, by attachment or a special order to the sheriff, requiring him or her to take such property and deliver the same according to the judgment, order or decree; for the possession of land, by a writ to the sheriff against the executor or administrator, requiring him or her to put the heir or devisee in possession of the same.
Ala. Code § 43-2-296 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-296
Section 43-2-296 Trial
Status: in_force

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 court must proceed to hear the evidence, and may, in its discretion, examine the parties; and when the application charges embezzlement, waste or any other maladministration of the estate, either party is entitled to a trial by jury.
Ala. Code § 43-2-514 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-514
Section 43-2-514 Contest of Account - Reduction or Disallowance of Item
Status: in_force

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 must be paid by the executor or administrator, otherwise, by the party contesting.
Ala. Code § 43-2-723 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-723
Section 43-2-723 Discretion of Court Upon Failure of Creditors to Attend
Status: in_force

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 may, in its discretion, continue the former executor or administrator or may appoint any fit person, or the general administrator of the county or, should there be none, the sheriff of the county, to administer the estate according to the provisions of this division.
Ala. Code § 43-2-468 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-468
Section 43-2-468 Sale or Division of Land Received on Compromise
Status: in_force

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 order of the probate court, may be distributed by the court having jurisdiction of the estate, by sale or division, upon the same proceedings as are had for the sale or division of real estate of decedents; but such real estate, or the proceeds thereof, if sold, must otherwise be treated and distributed as personal property.
Ala. Code § 43-2-704 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-704
Section 43-2-704 Time for Hearing; Notice of Hearing
Status: in_force

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, to hear and determine the same and must give notice to the creditors of and to all persons interested in the estate of the filing of the report and the day appointed to hear and determine the same by publication, once a week for three successive weeks, in some newspaper published in the county or, if none is published therein, in a newspaper published nearest to the courthouse of such county, and by posting such notice at the courthouse door for the same length of time and by forwarding such notice by mail to all creditors and to all adult heirs or distributees whose places of residence are known, and shall appoint guardians ad litem for all heirs or distributees who are minors or of unsound mind. Upon the day appointed or on any other day to which the hearing is continued, the court must proceed to hear and determine such report.
Ala. Code § 43-8-6 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-6
Section 43-8-6 Rules of Evidence; Evidence as to Death or Status; Presumption of Death
Status: in_force

In proceedings under this chapter, the rules of evidence in courts of general jurisdiction, including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and status are applicable:

(1) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death, and the identity of the decedent;

(2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;

(3) A person who is absent for a continuous period of five years, during which he or she has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His or her death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
Ala. Code § 43-6-6 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-6
Section 43-6-6 Decree Against Personal Representative for Failure to Pay Over Proceeds
Status: in_force

The judge of probate may render decrees against such personal representative, in the name of the state, for the money or proceeds of the property, under the provisions of this chapter, and enforce the same as other decrees by the judge of probate against executors or administrators are enforced.
Ala. Code § 43-2-330 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-330
Section 43-2-330 Authorization by Probate Court to Keep Estate Together; Term
Status: in_force

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 portion thereof, together for such length of time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate, improve, keep in repair, and carry on the plantation belonging to the estate.
Ala. Code § 43-2-318 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-318
Section 43-2-318 Exhibit Showing Condition of Estate
Status: in_force

Six months after his or her appointment, and at any time thereafter when required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the court, an exhibit under oath, showing the amount of all claims presented against the estate, and the names of the claimants, and all other matters necessary to show the condition of its affairs.
Ala. Code § 43-2-44 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-44
Section 43-2-44 Grant of Administration When More Than One Person Entitled Thereto; Preference of Whole Blood Over Half Blood
Status: in_force

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, and when several persons are equally entitled thereto, the court may, in its discretion, grant letters to one or more of them; except, that the whole blood shall be preferred to the half blood. When a married woman is entitled to the administration, it may be granted to her husband in her right.
Ala. Code § 43-8-211 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-211
Section 43-8-211 Additional Rules Relating to a Determination of Death and Status
Status: in_force

In addition to the rules of evidence in the courts of general jurisdiction, the following rules relating to a determination of death and status apply:

(1) Death occurs when an individual is determined to be dead under the Alabama Determination of Death Act, Section 22-31-1, et seq.

(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent.

(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.

(4) In the absence of prima facie evidence of death under subdivision (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.

(5) An individual whose death is not established under the preceding subdivisions who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual’s death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
Ala. Code § 43-2-513 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-513
Section 43-2-513 Contest of Account - Examination of Witnesses
Status: in_force

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 same cases, for the same causes and under the same rules as depositions are taken and read, or as witnesses are examined in civil actions.
Ala. Code § 43-2-253 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-253
Section 43-2-253 Enforcement of Decree or Judgment for Recovery of Property
Status: in_force

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 possession or other writ for the enforcement of such decree or judgment shall issue thereon until there shall be some person duly authorized under the laws of this state to receive the possession of such property, and then such writ shall issue in favor of such person.
Ala. Code § 43-8-136 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-136
Section 43-8-136 Revocation by Writing or by Act; When Witnesses Required
Status: in_force

(a) A will or any part thereof is revoked by a subsequent will which revokes the prior will or part expressly or by inconsistency.

(b) A will is revoked by being burned, torn, canceled, obliterated, or destroyed, with the intent and for the purpose of revoking it by the testator or by another person in his or her presence by his or her consent and direction. If the physical act is by someone other than the testator, consent, and direction of the testator must be proved by at least two witnesses.
Ala. Code § 43-2-518 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-518
Section 43-2-518 Reexamination of Items Included in Previous Settlements
Status: in_force

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 evidence of its correctness.
Ala. Code § 43-8-22 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-22
Section 43-8-22 Filed Documents Deemed to Include Oath or Affirmation
Status: in_force

Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows and penalties for perjury may follow deliberate falsification therein.
Ala. Code § 43-6-2 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-2
Section 43-6-2 Notice by Representative
Status: in_force

The personal representative of any person leaving property not devised or bequeathed, or where the devisees or legatees are incapable of taking and such representative is unable to ascertain any lawful heirs or distributees or persons capable of taking within six months after the grant of letters testamentary or of administration, must give notice thereof in some newspaper published in the state once a week for three successive weeks; but it shall not be necessary for any personal representative to institute escheat proceedings under this chapter until the debts of the decedent have been paid.
Ala. Code § 43-2-333 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-333
Section 43-2-333 Payment of Profits to Share Owners
Status: in_force

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 of the profits arising from such estate, and is entitled to a credit for same; but if it shall appear, on a settlement of his accounts, that he has not paid the same, a decree therefor in favor of the owner or owners must be rendered by the probate court.
Ala. Code § 43-2-22 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-22
Section 43-2-22 Disqualification of Certain Persons to Serve as Executor or Administrator
Status: in_force

(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 convicted of an infamous crime, or who, from intemperance, improvidence, or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any nonresident of the state be appointed as administrator unless he or she is at the time executor or administrator of the same estate in some other state or territory or jurisdiction, duly qualified under the laws of that jurisdiction.

(b) If the person named in the will as sole executor is or if all the persons named therein as executors are, from any of the causes enumerated in subsection (a), unfit to serve as executor or executors, letters of administration, with the will annexed, may be granted on the testator’s estate, under the provisions of Section 43-2-27.
Ala. Code § 43-2-446 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-446
Section 43-2-446 Notice to Nonresidents
Status: in_force

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 week for three successive weeks, in a newspaper published in the county in which the application is made, or if none is published therein, then in the newspaper published nearest to the courthouse of such county.
Ala. Code § 43-8-168 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-168
Section 43-8-168 Depositions of Witnesses
Status: in_force

When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of such will.
Ala. Code § 43-2-295 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-295
Section 43-2-295 Notice by Publication
Status: in_force

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 the judge, he or she must direct notice of such application to be given by publication for three successive weeks in some newspaper published in the county, or if none is published therein in the newspaper published nearest to the courthouse thereof; and the applicant must pay the expense of such publication, which may be taxed as costs.
Ala. Code § 43-8-115 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-115
Section 43-8-115 Discharge of Debtor from Liability for Wages, Etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section
Status: in_force

(a) Whenever an employee of another shall die intestate and there shall be due him or her any sum as wages or salary the debtor may discharge himself or herself from liability therefor by paying such amount to the surviving spouse of the deceased employee or, if there is no surviving spouse to the person having the legal custody and control of his or her minor child or children, or either as the case may be, who may commence an action for and recover the same as part of the property or allowance exempted to them.

(b) Any sums paid in accordance with subsection (a) shall be considered as part of the exempt property, as defined in Section 43-8-111; and, if the sums exceed seven thousand five hundred dollars ($7,500) the excess shall be considered part of the family allowance, as defined in Section 43-8-112.
Ala. Code § 43-8-9 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-9
Section 43-8-9 Savings Provision for Counties of Jefferson and Mobile
Status: in_force

No provision of this chapter shall be construed to void, alter, or modify, when invoked, the equity jurisdiction or powers of Jefferson and Mobile counties.
Ala. Code § 43-8-74 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-74
Section 43-8-74 Entitlement of Surviving Spouse to Certain Benefits Regardless of Election
Status: in_force

A surviving spouse is entitled to homestead allowance, exempt property, and family allowance, whether or not he elects to take an elective share.
Ala. Code § 43-7-7 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-7
Section 43-7-7 Chapter Not Applicable If Decedent Provides Otherwise
Status: in_force

This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter or wherein provision is made for a presumption as to the order of survivorship if there is no sufficient evidence that the persons died otherwise than simultaneously, in which event full effect shall be given to the presumption so provided as to the order of survivorship.
Ala. Code § 43-8-131 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-131
Section 43-8-131 Execution and Signature of Will; Witnesses
Status: in_force

Except as provided within Section 43-8-135, every will shall be in writing signed by the testator or in the testator’s name by some other person in the testator’s presence and by his or her direction, and shall be signed by at least two persons each of whom witnessed either the signing or the testator’s acknowledgment of the signature or of the will.
Ala. Code § 43-2-721 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-721
Section 43-2-721 Voting Procedure Generally; Proof of Claims Required
Status: in_force

(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 the aggregate $1,000.00, one vote for each $100.00; and

(2) On claims held by any one creditor, exceeding in the aggregate $1,000.00, 10 votes for the first $1, 000.00, and one for every additional $500.00.

(b) Every creditor is entitled to one vote, and no creditor to more than 20.

(c) The nomination must be made in the presence and under the direction of the court. The amount of claims held by any creditor must be proved by affidavit, as required by Section 43-2-352. The court may require other evidence of the correctness and amount of the claim.
Ala. Code § 43-2-451 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-451
Section 43-2-451 Proof of Facts on Application to Sell for Division; Order of Sale
Status: in_force

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 examination of disinterested witnesses in open court, which must be reduced to writing, filed and recorded; and if the facts stated in such application are proven to the satisfaction of the court by the evidence, the court may order a sale of the land, which must be sold on such terms as the court may direct, not exceeding a credit of three years.
Ala. Code § 43-2-270 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-270
Section 43-2-270 Filing and Recordation of Resignation
Status: in_force

An executor or administrator may, by a writing subscribed by him or her, resign; and his or her resignation must be filed and entered of record in the court having jurisdiction of the administration.
Ala. Code § 43-8-295 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-295
Section 43-8-295 Waiver and Bar
Status: in_force

The right to disclaim property or an interest therein is barred by:

(1) An assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;

(2) A written waiver of the right to disclaim;

(3) An acceptance of the property or interest or a benefit thereunder; or

(4) A sale of the property or interest under judicial sale made before the disclaimer is effected.
Ala. Code § 43-2-647 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-647
Section 43-2-647 Refunding Bonds - Bond Stands as Security; Action on Bond
Status: in_force

(a) Such refunding bond stands as security for the executor or administrator, should the assets in his or her hands, after any payment of money or delivery of property under the order of the court, prove insufficient to pay the debts, claims, and charges against the estate, and the executor or administrator pays the same; and also as security for the creditors of the estate; and any creditor may bring a civil action thereon.

(b) The extent of the recoveries on such bond is the amount or value of the property received by the legatee or distributee and interest on such amount or value from the date of its receipt; and the value of property received may be proved by the entry of record, made according to the provisions of this division or other evidence; and civil actions may be brought on such bond from time to time in the name of any person aggrieved until the whole amount of the liability, as determined by this section, is recovered.
Ala. Code § 43-2-40 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-40
Section 43-2-40 Generally
Status: in_force

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 the intestate, at the time of his or her death, was an inhabitant of the county.

(2) Where the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.

(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving assets therein.

(4) Where the intestate, not being an inhabitant of the state, dies, leaving no assets therein, and assets are afterwards brought into the county.

(5) Where the intestate, being an inhabitant of the state, dies, leaving no assets subject to administration in the county of his or her residence, and no administration has been granted in such county within three months after the death of the intestate, then administration may be granted in any county where the intestate leaves assets.
Ala. Code § 43-2-830 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-830
Section 43-2-830 Devolution of Estate at Death; Restrictions
Status: in_force

(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 those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate, or in the absence of testamentary disposition, to decedent’s heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates.

(b) Decedent’s personal property devolves to the personal representative to be distributed to:

(1) Those persons to whom it is devised by the testator’s last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate; or

(2) In the absence of testamentary disposition, to decedent’s heirs, or to those indicated as substitutes for them in cases involving renunciations or other circumstances affecting devolution of intestate estates.

(c) The devolution of a decedent’s property, real and personal, is subject to homestead allowance, exempt property, family allowance, rights of creditors, elective share of the surviving spouse, and to administration.
Ala. Code § 43-2-622 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-622
Section 43-2-622 Orders of Distribution - Oath; Return; Exceptions to Report
Status: in_force

(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 make such distribution fairly and impartially, if the same can be made, which oath may be administered by the executor or administrator, and must return their proceedings in writing, signed by them, to the court by the day specified in such order.

(b) If the property cannot be divided equitably without a sale of all or some portion thereof, the commissioners must so report.

(c) Any person may file exceptions to the report of the commissioners within 30 days after the day appointed for the return or, if returned at any time thereafter, within 30 days after the return.
Ala. Code § 43-2-195 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-195
Section 43-2-195 Collection of Debts and Deposits by Nonresident Personal Representative
Status: in_force

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 and collect any indebtedness or bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal representative may execute a release, discharge, and satisfaction of such indebtedness. Such personal representative, at the time of or before making such collection and satisfaction, release, or discharge, shall file for record in the probate office of the county wherein the debtor resides a certified copy of the letters testamentary or of administration issued to such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such collection shall be made until the lapse of 60 days from the date of the death of the deceased, and no such collection shall be made if proceedings are pending for the grant of letters testamentary or of administration in or have been issued by any court having jurisdiction in Alabama.
Ala. Code § 43-2-337 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-337
Section 43-2-337 Preceding Sections Not to Be Construed so as to Conflict with Will
Status: in_force

The provisions of the preceding sections of this article must not be so construed as to conflict with the will of the testator.
Ala. Code § 43-2-21 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-21
Section 43-2-21 Form
Status: in_force

Letters testamentary may be substantially in the following form: The State of Alabama, } Court of Probate ___________ County}

The will of ______, having been duly admitted to record in said county, letters testamentary are hereby granted to _____, the executor named in said will, who has complied with the requisitions of the law and is authorized to take upon himself or herself the execution of such will.

Witness my hand and dated this _____day of _____, 20__.
Ala. Code § 43-2-113 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-113
Section 43-2-113 Executor De Son Tort
Status: in_force

No person is liable to an action, as executor of his or her own wrong, for having taken, received or interfered with the property of a deceased person but is liable to the executor or administrator for the value of all the property so taken or received and for all damages caused by his or her act to the estate of the deceased; but the provisions of this section must not be construed so as to prevent any creditor from maintaining a civil action against anyone in possession of property fraudulently transferred by such deceased person.
Ala. Code § 43-7-2 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-2
Section 43-7-2 No Sufficient Evidence of Survivorship; Disposition of Property of Decedents
Status: in_force

Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he or she had survived, except as provided otherwise in this chapter.
Ala. Code § 43-2-132 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-132
Section 43-2-132 Actions Begun by Special Administrator Not Abated
Status: in_force

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 such executor or administrator.
Ala. Code § 43-2-339 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-339
Section 43-2-339 Certain Rights Not Affected by Provisions of Article
Status: in_force

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 prevent any legatee or distributee from receiving his or her proportion of the estate on his or her arriving at full age.
Ala. Code § 43-8-141 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-141
Section 43-8-141 Reference to Events of Independent Significance
Status: in_force

A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testator’s death. The execution or revocation of a will of another person is such an event.
Ala. Code § 43-2-845 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-845
Section 43-2-845 Powers and Duties of Successor Personal Representative
Status: in_force

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 expeditiously as possible, but a successor personal representative shall not exercise any power expressly made personal to the personal representative named in the will.
Ala. Code § 43-2-338 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-338
Section 43-2-338 Annual Settlements
Status: in_force

(a) The executor or administrator must make annual settlements of such estates, as required in other cases, and in such settlements he or she must show how such estate has been managed, crops made, expenses incurred, and the disposition of all moneys received; and he or she must also show the amounts appropriated and expended for each and every person entitled to any distribution from such estate.

(b) The accounts and vouchers, evidence and statement of the heirs and legatees must be filed, notice given and contest made, in the same manner as on annual settlements in other cases.

(c) Such settlement may be compelled by attachment, or the probate court may proceed in the same manner as in other cases, when an executor or administrator, being cited to make a settlement, fails to do so.
Ala. Code § 43-2-846 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-846
Section 43-2-846 Co-Representatives; When Joint Action Required
Status: in_force

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 the administration and distribution of the estate. This restriction does not apply: (i) when any co-representative receives and receipts for property due the estate; (ii) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or (iii) when a co-representative has been delegated to act for the others. Persons dealing with a co-representative, if actually unaware that another has been appointed to serve as co-representative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.
Ala. Code § 43-2-694 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-694
Section 43-2-694 Transfer of Property or Evidence of Rights Therein to Persons Entitled Thereto
Status: in_force

Upon delivering a copy of the judge of probate’s order directing summary distribution, the persons entitled to summary distribution of the decedent’s estate under this division shall be entitled to have the decedent’s property or the evidence of the decedent’s ownership in the property transferred to them by any person owing any money to the decedent’s estate, having custody of any personal property of the decedent, or acting as a registrar or transfer agent of any evidence of interest, indebtedness, property, or right of the deceased therein.
Ala. Code § 43-2-836 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-836
Section 43-2-836 Duty of Personal Representative; Supplementary Inventory
Status: in_force

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 value or description indicated in the initial inventory for any item is erroneous or misleading, the personal representative shall make a supplement to the initial inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the initial inventory was filed, or furnish copies thereof to persons interested in the new information.
Ala. Code § 43-7-3 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-3
Section 43-7-3 Beneficiaries of Another Person’s Disposition of Property
Status: in_force

Where two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
Ala. Code § 43-8-190 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-190
Section 43-8-190 Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury
Status: in_force

A will, before the probate thereof, may be contested by any person interested therein, or by any person, who, if the testator had died intestate, would have been an heir or distributee of his or her estate, by filing in the court where it is offered for probate allegations in writing that the will was not duly executed, or of the unsoundness of mind of the testator, or of any other valid objections thereto; and thereupon an issue must be made up, under the direction of the court, between the person making the application, as plaintiff, and the person contesting the validity of the will, as defendant; and such issue must, on application of either party, be tried by a jury.
Ala. Code § 43-2-693 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-693
Section 43-2-693 Entry of Order Directing Summary Distribution; Appeals
Status: in_force

(a) Upon finding that the applicable requirements enumerated in this division have been met, the judge of probate shall enter an order directing summary distribution of the estate delineating the portion of the small estate that each person identified in the order is entitled.

(b) The order issued by the court under subsection (a) shall be final and conclusive as to all items and matters shown, and appeals must be taken in the manner provided for from any other final decree of the court in connection with the administration of the decedents’ estates.
Ala. Code § 43-8-3 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-3
Section 43-8-3 Supplementary Effect of Principles of Law and Equity
Status: in_force

Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
Ala. Code § 43-2-705 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-705
Section 43-2-705 Trial of Issue of Insolvency to Be by Jury
Status: in_force

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 the estate is insolvent, which issue must be tried by a jury on the application of any party; but only one issue must be made, in which any number of the creditors or persons interested in the estate may join at any time before the determination thereof.
Ala. Code § 43-2-82 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-82
Section 43-2-82 Liability of Judge of Probate, Etc., in Taking Bond
Status: in_force

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 any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking an insufficient bond from any personal representative, fiduciary, or someone serving in a similar capacity. Any person injured thereby may maintain an action against the judge and his or her sureties and recover for the injury proved.
Ala. Code § 43-2-443 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-443
Section 43-2-443 Authorization to Sell - Sale for Division
Status: in_force

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 among the heirs or devisees, when an adult heir or devisee files his or her written consent that the land be sold.
Ala. Code § 43-8-41 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-41
Section 43-8-41 Share of the Spouse
Status: in_force

The intestate share of the surviving spouse is as follows:

(1) If there is no surviving issue or parent of the decedent, the entire intestate estate;

(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate;

(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate;

(4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate;

(5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.
Ala. Code § 43-2-232 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-232
Section 43-2-232 Hearing
Status: in_force

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 death is established, and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the supposed decedent or of his or her interest in the estate of the person supposed to be dead.
Ala. Code § 43-2-511 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-511
Section 43-2-511 Contest of Account - Generally
Status: in_force

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 introduce any legal evidence in support of his or her contest.
Ala. Code § 43-8-293 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-293
Section 43-8-293 Form of Disclaimer
Status: in_force

The disclaimer shall:

(1) Be in writing;

(2) Describe the property or interest disclaimed;

(3) Declare the disclaimer and extent thereof; and

(4) Be signed by the disclaimant.
Ala. Code § 43-2-813 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-813
Section 43-2-813 Effect of Order or Decree of Insolvency Certified to Other Courts After Judgment or Decree Therein Rendered
Status: in_force

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 subsequently declared insolvent, such personal representative may file a certified copy of the decree or order of the probate court declaring such estate insolvent with the clerk or register of the court in which such judgment or decree was rendered against the personal representative; whereupon, it shall be the duty of such clerk or register to certify back to the probate court a copy of such judgment or decree for payment in the probate court as other claims against insolvent estates, after which no execution shall issue or be further enforced against such executor or administrator or sureties personally by the court rendering such judgment or decree.
Ala. Code § 43-8-48 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-48
Section 43-8-48 Parent and Child Relationship
Status: in_force

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

(1) An adopted person is the child of an adopting parent and not of the natural parents except that adoption of a child by the spouse of a natural parent has no effect on the right of the child to inherit from or through either natural parent;

(2) In cases not covered by subdivision (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

b. The paternity is established by an adjudication before the death of the father or is established thereafter by clear and convincing proof, but the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child.
Ala. Code § 43-2-682 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-682
Section 43-2-682 Court May Allow Compensation or Attorney’s Fees Up to Time of Settlement
Status: in_force

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 or other compensation to which any such administrator or executor is entitled from an estate up to the time of such settlement, and may also fix, determine, and allow an attorney’s fee or compensation, to be paid from such estate to attorneys representing such administrator or executor, for services rendered to the time of such settlement.
Ala. Code § 43-2-175 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-175
Section 43-2-175 Record of Official Acts
Status: in_force

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 complete record of his or her official acts concerning each estate in his or her charge. Such book shall be kept in the office of the judge of probate and free to the examination of all persons when not in use.
Ala. Code § 43-8-1 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-1
Section 43-8-1 General Definitions
Status: in_force

Subject to additional definitions contained in the subsequent articles which are applicable to specific articles or divisions, and unless the context otherwise requires, in this chapter, the following words shall have the following meanings:

(1) BENEFICIARY. As it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and as it relates to a charitable trust, includes any person entitled to enforce the trust.

(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate succession from the parent whose relationship is involved and excludes any person who is only a stepchild, a foster child, a grandchild, or any more remote descendant.

(3) COURT. The court having jurisdiction in matters relating to the affairs of decedents. This court in Alabama is known as the probate court.

(4) DAYS. That period of time as computed in accordance with Section 1-1-4 and Rule 6(a), Alabama Rules of Civil Procedure.

(5) DEVISE. When used as a noun, means a testamentary disposition of real or personal property and when used as a verb, means to dispose of real or personal property by will.

(6) DEVISEE. Any person designated in a will to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee or trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

(7) DISTRIBUTEE. Any person who has received property of a decedent from his or her personal representative other than as creditor or purchaser. A testamentary trustee is a distributee only to the extent of distributed assets or increment thereto remaining in his or her hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For purposes of this provision, “testamentary trustee” includes a trustee to whom assets are transferred by will, to the extent of the devised assets.

(8) ESTATE. Includes the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration.

(9) EXEMPT PROPERTY. That property of a decedent’s estate which is described in Section 43-8-111.

(10) FIDUCIARY. Includes personal representative, guardian, and trustee.

(11) FOREIGN PERSONAL REPRESENTATIVE. A personal representative of another jurisdiction.

(12) GUARDIAN. A person who has qualified as a guardian of a minor or incompetent person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem.

(13) HEIRS. Those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

(14) INTERESTED PERSON. Any person having an enforceable right or claim, which may be affected by the proceeding, and may include heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. “Interested person” also includes persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning of “interested person” as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

(15) ISSUE OF A PERSON. All his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent contained in this chapter.

(16) LEASE. Includes an oil, gas, or other mineral lease.

(17) LETTERS. Includes letters testamentary and letters of administration.

(18) MINOR. A person who is under 19 years of age.

(19) MORTGAGE. Any conveyance, agreement, or arrangement in which property is used as security.

(20) NONRESIDENT DECEDENT. A decedent who was domiciled in another jurisdiction at the time of his or her death.

(21) ORGANIZATION. Includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal entity.

(22) PARENT. Includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this chapter by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, foster parent, or grandparent.

(23) PERSON. An individual, a corporation, an organization, or other legal entity.

(24) PERSONAL REPRESENTATIVE. Includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

(25) PROPERTY. Includes both real and personal property or any interest therein and means anything that may be the subject of ownership.

(26) SECURITY. Includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing.

(27) SETTLEMENT. In reference to a decedent’s estate, includes the full process of administration, distribution, accounting, and closing.

(28) STATE. Includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(29) SUCCESSOR PERSONAL REPRESENTATIVE. A personal representative who is appointed to succeed a previously appointed personal representative.

(30) SUCCESSORS. Those persons, other than creditors, who are entitled to property of a decedent under his or her will or this chapter.

(31) TESTACY PROCEEDING. A proceeding to establish a will or determine intestacy.

(32) TRUST. Includes any express trust, private or charitable, with additions thereto, wherever and however created. It also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. “Trust” excludes other constructive trusts, and it excludes resulting trusts, guardianships, curatorships, personal representatives, custodial arrangements pursuant to Chapter 5 of Title 35, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another.

(33) TRUSTEE. Includes an original, additional, or successor trustee, whether or not appointed or confirmed by court.

(34) WILL. Includes codicil and any testamentary instrument which merely appoints an executor or revokes or revises another will.
Ala. Code § 43-2-137 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-137
Section 43-2-137 Action on Bond
Status: in_force

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 aggrieved until the whole penalty is exhausted.
Ala. Code § 43-8-135 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-135
Section 43-8-135 Choice of Law as to Validity of Execution
Status: in_force

A written will is valid if executed in compliance with Section 43-8-131 or if its execution complies with the law at the time of execution of the place where the will is executed, or with the law of the place where at the time of execution or at the time of death the testator is domiciled, has a place of abode or is a national.
Ala. Code § 43-2-605 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-605
Section 43-2-605 Award - Setting Aside; Second Reference
Status: in_force

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 or other arbitrators.
Ala. Code § 43-2-24 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-24
Section 43-2-24 Supplemental Letters for Minors and Married Women Upon Removal of Disability
Status: in_force

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 such will is completed, such person is entitled to supplementary letters testamentary, to be issued in the same manner as original letters, and shall thereupon be authorized to join in the execution of such will with the persons previously appointed.
Ala. Code § 43-2-708 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-708
Section 43-2-708 Second Declaration by Succeeding Administrator Not Necessary
Status: in_force

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 declaration or decree of insolvency; but a declaration of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual under all subsequent administrations, as if obtained under each of them.
Ala. Code § 43-8-133 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-133
Section 43-8-133 Self-Proved Will - Making Attested Will Self-Proved
Status: in_force

An attested will may be made self-proved through compliance with Section 43-8-132 or as otherwise provided by law.