Ala. Code § 43-8-40 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-40
Section 43-8-40 Disposition of Intestate Estate
Status: in_force

If an estate is not a small estate, as defined in Section 43-2-691, which is being distributed as a summary distribution under Division 10 of Article 18 of Chapter 2 of this title, then any part of the estate of a decedent not effectively disposed of by the decedent’s will passes to the decedent’s heirs as prescribed in the following sections of this chapter.
Ala. Code § 43-8-251 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-251
Section 43-8-251 Renunciation of Succession
Status: in_force

Renunciation of succession shall be through compliance with Article 11 of this chapter or as otherwise provided by law.
Ala. Code § 43-2-192 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-192
Section 43-2-192 Appointment of Nonresident Executor - Filing of Copies of Will and Letters Testamentary; Bond and Surety
Status: in_force

When the will has been probated in another state or territory, before issuing letters testamentary thereon to a nonresident executor, the judge of probate must require him or her to file in court a copy of the will under which he or she is appointed, together with a certificate of the judge of the court in which the will was probated, that such will was regularly proved and established and that letters testamentary were issued to him or her thereon, in accordance with the laws of the state or territory in which such original letters were granted, and also to give bond and surety upon the same terms, conditions, and requirements as are required by law of citizens of this state. But if it shall appear from the will that the testator, by an express provision therein, has exempted the applicant from giving bond as executor, such bond must not be required, except in the cases specified in Section 43-2-81. The certified copy of the foreign letters must be filed and recorded.
Ala. Code § 43-2-722 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-722
Section 43-2-722 Person Receiving Plurality Appointed Administrator
Status: in_force

The person receiving a plurality of votes must be appointed by the court administrator of the property, rights, and credits of the estate unadministered.
Ala. Code § 43-8-294 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-294
Section 43-8-294 Effect of Disclaimer
Status: in_force

(a) If the property or interest devolved to a disclaimant under a testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.

(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:

(1) It devolves as if the disclaimant had died before the effective date of the instrument or contract; and

(2) A future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest indefeasibly vested.

A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be.

(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him or her.
Ala. Code § 43-2-841 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-841
Section 43-2-841 Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions
Status: in_force

Any sale or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one who has consented after fair disclosure, unless:

(1) The will or a contract entered into by the decedent expressly authorized the transaction.

(2) The transaction is approved by the court after notice to interested persons.

(3) The transaction is otherwise authorized by law.
Ala. Code § 43-6-5 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-5
Section 43-6-5 Disposition of Real Estate When No Heir Appears
Status: in_force

If, after two years from the publication of such notice, no heir or person entitled to receive such estate appears, the real estate must be sold by such personal representative, under the direction of the judge of probate of the county in which letters testamentary or of administration were granted and upon such notice as real estate is sold by executors and administrators; and the proceeds thereof must, after deducting all expenses and allowances, be paid to such judge.
Ala. Code § 43-2-390 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-390
Section 43-2-390 Authorization to Compromise or Sell Claims
Status: in_force

The probate court having jurisdiction of the estate may authorize any executor or administrator to compromise or sell any bad or doubtful claim due the estate, on the written application of the executor or administrator, verified by his or her affidavit, and stating the facts, supported by evidence satisfactory to the court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote the interests of the estate.
Ala. Code § 43-2-172 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-172
Section 43-2-172 Commitment of Administration to Sheriff
Status: in_force

In case there is no general administrator and no other fit person will administer, the court may commit administration to the sheriff of the county; when so committed, the administration attaches to the office, and the official oath and bond of such office are the security for his or her faithful administration.
Ala. Code § 43-8-4 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-4
Section 43-8-4 Construction Against Implied Repeal
Status: reserved

This chapter is a general act intended as a unified coverage of its subject matter and no part of it shall be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.
Ala. Code § 43-2-45 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-45
Section 43-2-45 Letters Not Granted until Five Days After Intestate’s Death; Examination of Applicants and Witnesses
Status: in_force

No letters of administration must be granted until the expiration of five days after the death of the intestate is known; and the court may, in all cases, examine the persons applying therefor, on oath, touching the time and place of the death of the intestate and as to whether or not he left any will and other matters necessary to give the court jurisdiction; and may also examine any other witnesses as to the same facts and may compel their attendance for that purpose by subpoena and attachment.
Ala. Code § 43-2-46 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-46
Section 43-2-46 Postponing Issuance of Letters During Time for Appeal
Status: in_force

When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken, no letters in chief must be granted until the appeal is finally disposed of; but a special administrator may be appointed if necessary.
Ala. Code § 43-2-92 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-92
Section 43-2-92 Conditional Execution or Delivery of Bond
Status: in_force

A surety on the bond of the general administrator of the county or on the bond of any executor or administrator cannot avoid liability thereon on the ground that he or she signed or delivered it on condition that it should not be delivered to the judge of probate or should not become perfect, unless it was executed by some other person who does not execute it.
Ala. Code § 43-8-174 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-174
Section 43-8-174 Withdrawal of Will for Proof Out of State
Status: in_force

Whenever any will has been proved and recorded for six months in any county of this state, as required by this article, and such will is required to be proved out of this state, the judge of probate may, on the application of the executor, duly sworn to, allow him or her to withdraw the will.
Ala. Code § 43-8-254 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-254
Section 43-8-254 Appointment of Debtor as Executor
Status: in_force

The appointment of a debtor as an executor is not a discharge of the debt, unless it is so directed in the will.
Ala. Code § 43-2-512 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-512
Section 43-2-512 Contest of Account - Showing of Failure to Discharge Trust, Etc
Status: in_force

Upon final settlement, any person contesting may also show that the executor or administrator has failed to charge himself or herself with or to account for all the assets of the decedent received by him or her, or that he or she has failed to collect the same, or any portion thereof, or that by any abuse of, or failure to discharge his or her trust, such assets or any portion thereof have been depreciated, injured or destroyed.
Ala. Code § 43-2-212 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-212
Section 43-2-212 Action Not Affected by Grant of Letters of Administration in State; Right of Intervention
Status: in_force

No civil action brought by any foreign executor or administrator, under the provisions of Section 43-2-211, must be abated, barred, or affected by the grant of letters of administration in this state, either prior or subsequent to the institution of such action; but, in such case, the administrator appointed in this state may, if necessary for the protection of creditors, distributees, or legatees, resident in this state, intervene in such action and shall be entitled to the recovery therein.
Ala. Code § 43-2-462 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-462
Section 43-2-462 Confirmation of Sale
Status: in_force

Whenever the court is satisfied that such sale was fairly conducted, and the land sold for an amount not greatly less than its real value, and the purchase money is paid, or sufficiently secured, by mortgage or other personal security, it must make an order confirming such sale; but such order of confirmation shall not be made until after the expiration of 10 days after the report of sale is filed.
Ala. Code § 43-2-275 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-275
Section 43-2-275 Removal of Resident Executor from State
Status: in_force

The removal of any resident executor from this state to any other state or territory of the United States shall not be cause for his or her removal from the office of executor; but, on and after his or her removal, he or she shall in all respects be regarded and treated as a nonresident executor, and the provisions of Article 8 of this chapter shall be applicable to him or her. Upon such removal, his or her sureties may require him or her to resign and make final settlement of his or her accounts or give a new bond as such executor.
Ala. Code § 43-2-448 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-448
Section 43-2-448 Duties and Compensation of Guardian Ad Litem and Special Guardian
Status: in_force

The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and, if necessary, must employ counsel to defend the interests of those he or she represents. He or she is entitled to reasonable compensation, to be fixed by the court, and taxed and collected as costs.
Ala. Code § 43-2-213 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-213
Section 43-2-213 Plaintiff Required to Prove Compliance with Section 43-2-211
Status: in_force

Before a judgment is rendered in a civil action brought by such foreign executor or administrator, the plaintiff must prove that he or she has complied in all respects with the provisions of Section 43-2-211, and, failing to do so, he or she cannot recover.
Ala. Code § 43-2-370 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-370
Section 43-2-370 Property Charged with Payment of Debts
Status: in_force

All the property of the decedent, except as otherwise provided, is charged with the payment of his or her debts, and, if necessary, may be sold for that purpose.
Ala. Code § 43-8-116 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-116
Section 43-8-116 Adjustments to Exemption Values
Status: in_force

On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.
Ala. Code § 43-2-444 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-444
Section 43-2-444 Application for Sale
Status: in_force

The application for the sale of lands, either for payment of debts or for division, must be made by the executor or administrator in writing, verified by affidavit, to the probate court having jurisdiction of the estate, must describe the lands accurately, must give the names of the heirs or devisees, and their places of residence and must also state whether any, and which of such heirs or devisees, are under the age of 19 years or of unsound mind; and such application may be contested by any party interested in the estate.
Ala. Code § 43-8-215 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-215
Section 43-8-215 Contesting the Probate of a Will
Status: in_force

(a) A will, before the probate thereof or at any time within 180 days after the admission of such will to probate, may be contested by any interested person by filing in the court where it is offered for probate, or if the proceedings in that court have been removed to the circuit court in accordance with Section 43-8-216 and is then pending in the circuit court, then in the circuit court to which the proceeding has been removed, 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 who made or is making the application for the probate of the will, as plaintiff, and the person contesting the validity of the will, as defendant; and the issue, on application of either party, must be tried by a jury.

(b) In the event of a contest of the probate of a will, all interested persons shall be made parties to the contest; the contest proceedings shall be conclusive as to all matters that were litigated or could have been litigated in such contest; and no further proceedings shall ever be entertained in any courts of this state to probate or contest the probate of the will.

(c) After the expiration of the 180-day period after the admission of the will to probate, the validity of the will can only be contested by infants and persons of unsound mind who had no legal conservator at the time the will was admitted to probate, or who were not represented by a guardian ad litem, who are allowed one year after the appointment of a conservator, or, if none be appointed, one year from the termination of their respective disabilities in which to contest such will, but in no case to exceed 20 years from the time the will was admitted to probate; and also provided there has not been a contest of such will instituted and prosecuted to final judgment.

(d) Except for proceedings 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 the county, a local act, or a statute specific to the county, then, pursuant to Section 43-8-216, any party to the will contest may remove the will contest from the probate court to the circuit court, provided the removal occurs no later than 42 days before the first setting of the contest for trial unless leave of the probate court is obtained based on a showing of good cause.
Ala. Code § 43-2-790 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-790
Section 43-2-790 Application for Order for Sale - Generally
Status: in_force

On the application of an executor or administrator of an estate which has been declared insolvent for an order for the sale of lands belonging to the estate for the payment of debts, he or she shall be allowed to obtain such order without taking any evidence to show the necessity of such sale.
Ala. Code § 43-7-5 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-5
Section 43-7-5 Insurance Policies
Status: in_force

Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
Ala. Code § 43-8-220 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-220
Section 43-8-220 Requirement That Devisee Survive Testator by Five Days
Status: in_force

A devisee who does not survive the testator by five days is treated as if he or she predeceased the testator, unless the will of decedent contains some language dealing explicitly with simultaneous deaths or deaths in a common disaster, or requiring that the devisee survive the testator or survive the testator for a stated period in order to take under the will.
Ala. Code § 43-2-706 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-706
Section 43-2-706 Payment of Costs
Status: in_force

If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him or her and his or her sureties; but if it is decided in his or her favor, the costs must be paid by the contesting creditor, or parties interested in the estate, or out of the estate, as the court may direct.
Ala. Code § 43-2-467 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-467
Section 43-2-467 Correction of Mistake in Description of Lands Sold
Status: in_force

(a) When a mistake has been made in the description of lands of a decedent sold in good faith under an order of the probate court, either in the petition, order or other proceedings, the court ordering the sale has authority, on the written application of the purchaser, or his or her heirs or personal representatives, or any person holding under him or her, verified by affidavit, to correct such mistake. The application must contain a correct description of the lands sold, and must state the facts, and the names, ages, and places of residence of the personal representatives and heirs or devisees of such decedent, if known, and if there be no personal representative, that fact must be stated; and, upon the filing of such application, the court must appoint a day for the hearing, of which, and of the nature of the application, notice must be given, by personal service, to the personal representative of such decedent, and such of his or her heirs as are of age, and are of sound mind, if residents of the state at least 20 days before the day appointed for the hearing, and also 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 thereof. If there is no personal representative of the estate of such decedent, the court must appoint an administrator ad litem to represent the estate in such proceeding; and the court must also appoint a guardian ad litem for such of the heirs or devisees as are under the age of 19 years, or are of unsound mind.

(b) If, upon the hearing, the court is satisfied from the evidence adduced, that the sale of such lands was made in good faith, and that a mistake was made in the description of the lands sold, as stated in the application, a decree must be made and entered, correcting the mistake. If the purchase money has been fully paid, and a deed executed, the court must order the personal representative, or, if there be none, the administrator ad litem, to execute to the party making the application a new deed, conveying to him or her the lands according to the description as corrected.
Ala. Code § 43-2-839 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-839
Section 43-2-839 Powers of Personal Representatives; in General
Status: in_force

Until termination of the appointment, a personal representative has the same power over the title to property of the estate, subject to Sections 43-2-843 and 43-2-844, that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.
Ala. Code § 43-2-419 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-419
Section 43-2-419 Sale of Farm Products
Status: in_force

All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him or her at public or private sale, at the reasonable market value, either in or out of the state.
Ala. Code § 43-2-196 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-196
Section 43-2-196 Right to Maintain Actions
Status: in_force

Nonresident executors or administrators appointed under the provisions of this article may, by giving security for costs as required by law of nonresidents, bring and maintain civil actions in the courts of this state in all respects as may be done by resident executors and administrators.
Ala. Code § 43-8-8 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-8
Section 43-8-8 Effective Date; Transition Provisions
Status: in_force

(a) This chapter takes effect on January 1, 1983.

(b) Except as provided elsewhere in this chapter, on January 1, 1983:

(1) The chapter applies to any wills of decedents dying thereafter;

(2) An act of any personal representative or guardian done before January 1, 1983 in any proceeding and any accrued right is not impaired by this chapter. If a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provisions of any statute before January 1, 1983, the provisions shall remain in force with respect to that right; and

(3) Any rule of construction or presumption provided in this chapter applies to instruments executed before January 1, 1983 unless there is a clear indication of a contrary intent.
Ala. Code § 43-2-482 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-482
Section 43-2-482 Notice; Proceedings; Order of Sale
Status: in_force

Notice of the filing of such petition must be given as provided by law on petition by the personal representative to sell lands for division or for the payment of debts, and testimony shall be taken and all other proceedings had and the sale, if ordered, shall be made as now provided by law for the sale of lands by personal representatives for the payment of debts.
Ala. Code § 43-2-646 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-646
Section 43-2-646 Refunding Bonds - Recordation; Transcript as Evidence
Status: in_force

All refunding bonds provided for in this division must be recorded by the judge of probate and then delivered to the executor or administrator; and a transcript of any such bond as recorded, duly certified, is evidence to the same extent as the original would have been if produced.
Ala. Code § 43-2-838 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-838
Section 43-2-838 Power to Avoid Transfers
Status: in_force

The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in law void or voidable as against creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative.
Ala. Code § 43-8-137 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-137
Section 43-8-137 Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances
Status: in_force

If after executing a will the testator is divorced or his or her marriage annulled, the divorce or annulment revokes any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, or guardian, unless the will expressly provides otherwise. Property prevented from passing to a former spouse because of revocation by divorce or annulment passes as if the former spouse failed to survive the decedent, and other provisions conferring some power or office on the former spouse are interpreted as if the spouse failed to survive the decedent. If provisions are revoked solely by this section, they are revived by testator’s remarriage to the former spouse. For purposes of this section, divorce or annulment means any divorce or annulment which would exclude the spouse as a surviving spouse within the meaning of Section 43-8-252(b). A decree of separation which does not terminate the status of husband and wife is not a divorce for purposes of this section. No change of circumstances other than as described in this section revokes a will.
Ala. Code § 43-8-132 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-132
Section 43-8-132 Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect
Status: in_force

(a) Any will may be simultaneously executed, attested, and made self-proved, by acknowledgment thereof by the testator and affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where execution occurs and evidenced by the officer’s certificate, under official seal, in substantially the following form:

“I, _____, the testator, sign my name to this instrument this ______ day of _____, 20__, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.”

“We, _____, the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his/her last will and that he/she signs it willingly (or willingly directs another to sign for him or her), and that each of us, in the presence and hearing of the testator, hereby signs this will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.”

Subscribed, sworn to and acknowledged before me by _____, the testator and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 20__.

(b) An attested will may at any time subsequent to its execution be made self-proved by the acknowledgment thereof by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths under the laws of the state where the acknowledgment occurs and evidenced by the officer’s certificate, under the official seal, attached or annexed to the will in substantially the following form: “STATE OF ___________ COUNTY OF _________

We, ______, ______, and _____, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his/her last will and that he/she had signed willingly (or willingly directed another to sign for him or her), and that he/she executed it as his/her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and that to the best of his/her knowledge the testator was at that time 18 years of age or older, of sound mind and under no constraint or undue influence.”

Subscribed, sworn to and acknowledged before me by _____, the testator, and subscribed and sworn to before me by _____, and _____, witnesses, this _____ day of _____, 20_____.

(c) If the will is self-proved, as provided in this section, compliance with signature requirements for execution is conclusively presumed, other requirements of execution are presumed subject to rebuttal without the testimony of any witness, and the will shall be probated without further proof, unless there is proof of fraud or forgery affecting the acknowledgment or affidavit.
Ala. Code § 43-2-170 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-170
Section 43-2-170 Appointment and Duties Generally; Term of Office
Status: in_force

Each judge of probate must appoint a suitable person as a general administrator within his or her county, who must take charge of the estates of deceased persons or act as special administrator, in those cases in which no other persons entitled thereto will administer and no other person is appointed by the court. His or her office shall expire with the expiration of the term of the judge who appointed him or her.
Ala. Code § 43-8-91 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-91
Section 43-8-91 Pretermitted Children
Status: in_force

(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

(1) It appears from the will that the omission was intentional;

(2) When the will was executed the testator had one or more children and devised substantially all his or her estate to the other parent of the omitted child; or

(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.

(b) If at the time of execution of the will the testator fails to provide in his or her will for a living child solely because he or she believes the child to be dead, the child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate.

(c) In satisfying a share provided by this section, the devisees made by the will abate as provided in Section 43-8-76.
Ala. Code § 43-2-744 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-744
Section 43-2-744 Receipt for Claim; Endorsement by Judge
Status: in_force

The judge of probate must, when required, give a receipt for such claim to the claimant, his or her agent or attorney and must endorse on the claim the day when the same was filed and sign his or her name thereto.
Ala. Code § 43-2-743 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-743
Section 43-2-743 Time and Manner of Filing Claims - Claims Verified in Foreign Country
Status: in_force

When such oath is taken out of the United States, it may be taken before any judge or clerk of a court of record, mayor or chief magistrate of any county, city, borough or town, notary public or diplomatic, consular or commercial agent of the United States. No proof of the taking of such oath is necessary, other than the certificate of such officer.
Ala. Code § 43-8-194 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-194
Section 43-8-194 Depositions of Witnesses; Rules Governing Procedure
Status: in_force

For the trial of such contest, depositions of witnesses may be taken in like cases, for the same causes and in the same manner, as depositions are taken in civil actions in the circuit court. In all matters relating to the organization and impaneling of the jury, to the evidence, mode of proceeding and investigation and determination of such contest, not specially provided for by this article, the court shall proceed and be governed by the same rules and regulations, so far as applicable, as prevail in courts of law in civil cases.
Ala. Code § 43-2-153 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-153
Section 43-2-153 Enforcement of Judgment of Circuit Court Against Representative
Status: in_force

When any judgment is entered in the circuit court against any executor or administrator, as such, and an execution thereon has been returned “no property” by the sheriff or other officer of the county in which such judgment was entered, an execution may issue against the executor or administrator personally, to be levied on his or her goods and chattels, lands, and tenements.
Ala. Code § 43-8-170 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-170
Section 43-8-170 Certificate Endorsed on Will
Status: in_force

Every will so proved must have a certificate endorsed thereon, setting forth in substance that such will had been duly proved and recorded, with the proof, specifying also the date of the probate, the book in and page or pages on which it is recorded. Such endorsement must be signed by such judge of probate.
Ala. Code § 43-2-664 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-664
Section 43-2-664 Order After Hearing
Status: in_force

Should the court find the allegations of the petition or complaint to be true, it shall enter an order, decree or judgment in said cause discharging the executor or the administrator and the sureties on their official bonds from all liability growing out of the administration of said estate. Should it find otherwise, the court shall dismiss the petition or complaint.
Ala. Code § 43-2-294 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-294
Section 43-2-294 Service of Citation
Status: in_force

A citation to such executor or administrator to appear and answer the application on a day specified therein must be served on him or her five days before the hearing of the complaint.
Ala. Code § 43-8-72 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-72
Section 43-8-72 Waiver of Right to Elect and of Other Rights
Status: in_force

The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, or any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or a waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of “all rights” (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance, exempt property and family allowance by each spouse in the property of the other at death and a renunciation by each of all benefits which would otherwise pass to him or her from the other by intestate succession or by virtue of the provisions of any will executed before the waiver or property settlement.
Ala. Code § 43-8-221 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-221
Section 43-8-221 Choice of Law as to Meaning and Effect of Wills
Status: in_force

The meaning and legal effect of a disposition in a will shall be determined by the local law of a particular state selected by the testator in his or her instrument unless the application of that law is contrary to the provisions relating to the elective share described in Sections 43-8-70 through 43-8-75, the provisions relating to exempt property and allowances described in Sections 43-8-110 through 43-8-113, or any other public policy of this state otherwise applicable to the disposition.
Ala. Code § 43-8-44 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-44
Section 43-8-44 When Estate Passes to State
Status: in_force

If there is no taker under the provisions of this article, the intestate estate passes to the state of Alabama.
Ala. Code § 43-2-456 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-456
Section 43-2-456 Applicability of Sections 43-2-414, 43-2-416 and 43-2-417
Status: in_force

Sections 43-2-414, 43-2-416, and 43-2-417 are applicable to sales of real estate.
Ala. Code § 43-2-413 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-413
Section 43-2-413 Notice of Sale
Status: in_force

When the application is granted for the sale of any personal property, the executor or administrator must give notice of the day, place and terms of sale, and a description of the property to be sold, by advertisement for three successive weeks in some newspaper published in the county where the sale is to take place, or, by posting notice at the courthouse door and at three other public places in the county. But when the property is perishable, or the expense of keeping it is very great, the sale may be made after five days’ notice, which may be given by one insertion in a newspaper published in the county where the sale is to take place, or, if there be no such paper, by posting at the courthouse door, and at three other public places in the county. In addition to the notice prescribed in this article, the court may direct the giving of notice by printed handbills, or posters, to be distributed and posted in the manner best calculated to give extended notice of the sale.
Ala. Code § 43-8-171 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-171
Section 43-8-171 Admission of Will in Evidence
Status: in_force

Every will, so proved or endorsed, may be read in evidence in any court of the state, without further proof thereof; and the record of such will and proof or a transcript thereof, certified by the judge of probate, must be received as evidence to the same extent as if the original will was produced, and the same proof made.
Ala. Code § 43-8-161 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-161
Section 43-8-161 Time Limit for Probate
Status: in_force

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state pursuant to Section 43-8-175, provided the will was admitted to probate, within five years from the date of death, in the state, territory or country where the testator resided at the time of death; provided further, that the probate in the state of the will of an inhabitant of another state, territory, or country shall not be effective against persons purchasing from the heirs of such testator if such purchase was made more than five years after the death of the testator and prior to February 24, 1959.
Ala. Code § 43-2-840 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-840
Section 43-2-840 Improper Exercise of Power; Breach of Fiduciary Duty
Status: in_force

If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of the personal representative’s fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in Sections 43-2-841 and 43-2-842.
Ala. Code § 43-2-25 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-25
Section 43-2-25 Procedure for Renouncing Appointment
Status: in_force

Any person named as executor in a will may renounce such appointment by appearing before the judge of probate and declaring such renunciation, which must be entered of record; or such person may renounce his appointment by an instrument in writing executed by him and acknowledged before an officer authorized to take and certify acknowledgments to conveyances, whether within or beyond the state; and such instrument must be filed and recorded in the office of the judge of probate of the county in which the will is probated.
Ala. Code § 43-8-191 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-191
Section 43-8-191 Time for Trial; Continuance; Summoning Witnesses
Status: in_force

Upon the institution of such contest, a day must be appointed for the trial thereof, and the trial may, on good cause shown by either party, be continued to any other day; and the judge of probate must, on application of either party, issue subpoenas for witnesses to appear on the day fixed for such trial, and may resummon them to any day to which the same may be continued.
Ala. Code § 43-8-213 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-213
Section 43-8-213 Jurisdiction of Probate Court
Status: in_force

To the full extent permitted by the Constitution of Alabama of 2022 both of the following apply:

(1) The probate court has jurisdiction over all matters set forth in Section 12-13-1.

(2) The probate court where a will is offered for probate has original and general jurisdiction over the contest of the validity of the will in accordance with Section 43-8-215, unless the proceeding has been removed to the circuit court under Section 43-8-216 and is then pending in the circuit court, in which case jurisdiction will lie with the circuit court until the proceeding is remanded in accordance with Section 43-8-216.
Ala. Code § 43-2-87 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-87
Section 43-2-87 Additional Bond of Sheriff
Status: in_force

When the administration of any estate is committed to the sheriff, the judge of probate, at such time or at any time thereafter, while the administration is in the hands of such officer, may require of him or her an additional bond if, in his or her opinion, the official bond of such officer is not sufficient security for the protection of the estate; and if he or she fails to give such additional bond for 10 days after notice that the same is required, he or she vacates his or her office, and the judge of probate must certify the vacancy to the appointing power.
Ala. Code § 43-2-130 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-130
Section 43-2-130 Venue; Service of Process
Status: in_force

Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service of process may be made on them in any county in the state.
Ala. Code § 43-2-745 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-745
Section 43-2-745 Claims Docket
Status: in_force

Such judge must keep a docket of all the claims thus filed, which must be at all times, during office hours, subject to the inspection of the administrator and creditors of, or any person interested in, the estate.
Ala. Code § 43-2-171 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-171
Section 43-2-171 Time Delay for Committing Administration of Estate
Status: in_force

The administration of an estate must not be committed to the general administrator or to the sheriff, except as special administrator, until the death of the decedent has been known 40 days, nor until one month after the death, resignation, or removal of an executor or administrator previously appointed.
Ala. Code § 43-8-113 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-113
Section 43-8-113 Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person
Status: in_force

If the estate is otherwise sufficient, property specifically devised is not used to satisfy rights to homestead and exempt property. Subject to this restriction, the surviving spouse, the guardians of the minor children, or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make these selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there are no guardians of the minor children. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property. He or she may determine the family allowance in a lump sum not exceeding fifteen thousand dollars ($15,000) or in periodic installments not exceeding $500.00 per month, and may disburse funds of the estate in payment of the family allowance and any part of the homestead allowance payable in cash. The personal representative or any interested person aggrieved by any selection, determination, payment, proposed payment, or failure to act under this section may petition the court for appropriate relief, which relief may provide a family allowance larger or smaller than that which the personal representative determined or could have determined.
Ala. Code § 43-8-57 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-57
Section 43-8-57 Dower and Curtesy Abolished
Status: in_force

The estates of dower and curtesy are abolished.
Ala. Code § 43-8-172 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-172
Section 43-8-172 Protection of Bona Fide Purchasers, Etc
Status: in_force

Any will which is not propounded for probate in this state within 12 months from the date of the death of the testator shall be inoperative and void as to bona fide purchasers, mortgagees, or pledgees (and those claiming under them) of property or any interest therein from the executors, administrators, heirs at law, devisees, distributees of the estate of such deceased or anyone claiming under them, provided such purchasers acquire their interest in such property prior to the time such will is propounded for probate in this state and without actual notice of such will.

The provisions of this section shall not affect the right of any beneficiary entitled thereto under any such will to follow the proceeds from the sale of any such property in lieu of such property in the hands of the executors, administrators, heirs at law, or distributees of such estate.
Ala. Code § 43-2-607 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-607
Section 43-2-607 Applicability of Certain Sections in Title 6
Status: in_force

Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to the settlement of estates by arbitration.
Ala. Code § 43-2-28 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-28
Section 43-2-28 Death of Sole or Surviving Executor
Status: in_force

No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving executor, letters of administration with the will annexed may be granted to the persons entitled thereto, as in any case in which a sole executor has renounced his or her appointment.
Ala. Code § 43-2-554 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-554
Section 43-2-554 When Execution May Be Stayed
Status: in_force

The probate court may stay execution on any decree rendered under the provisions of Section 43-2-553, for any time not exceeding six months, if, in the judgment of the court, the interest of the estate requires extension.
Ala. Code § 43-8-225 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-225
Section 43-8-225 Effect of Failure of Testamentary Provisions
Status: in_force

(a) Except as provided in Section 43-8-224 if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.

(b) Except as provided in Section 43-8-224 if the residue is devised to two or more persons and the share of one of the residuary devisees fails for any reason, his or her share passes to the other residuary devisee, or to other residuary devisees in proportion to their interests in the residue.
Ala. Code § 43-2-274 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-274
Section 43-2-274 Appointment of Administrator After Final Settlement
Status: in_force

After a final settlement, there being personally not administered which requires an administrator for the proper disposition thereof, the judge of probate of the proper county must proceed to appoint a suitable person as administrator who shall give bond as required by law and administer the personal estate of the decedent not already administered.
Ala. Code § 43-2-510 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-510
Section 43-2-510 Credit for Expenses of Minor Distributees
Status: in_force

(a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his or her hands, may defray the necessary and reasonable expenses of maintaining and educating minors who are entitled to distribution therein, and who have no legal guardian; and, upon any partial or final settlement by him or her, the probate court must allow him or her credit for such expenses. To the extent the expenses are not within the family allowance, the expenses shall be charged against the shares of such minors and deducted therefrom on any distribution of the estate.

(b) An executor or administrator defraying such expenses must file with his or her account for a settlement a separate account of the amounts paid therefor on account of each of such minors accompanied by proper vouchers, showing the amounts and for what expended.
Ala. Code § 43-2-508 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-508
Section 43-2-508 Satisfaction of Claims
Status: in_force

Any judge of probate, clerk or register of any circuit court or officer of any other court in Alabama having jurisdiction of partial or final settlement of estates of deceased persons shall be authorized to satisfy any claim legally filed against such estates and recorded in the solvent docket book in the office of the probate court, when satisfied from the evidence presented on a partial or final settlement that such claims have been paid.

Such satisfaction shall have the effect of notifying all interested parties that evidence of payment of such debt has been filed in the court.

For each such satisfaction, the officer shall be paid a fee of $.25.

A cancelled check for the amount claimed, properly endorsed by the claimant, may be considered as proof of the payment of such claim, and further proof of payment shall not be required.
Ala. Code § 43-2-481 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-481
Section 43-2-481 Application for Sale
Status: in_force

The application for the sale of lands for the payment of legacies must be made by the executor by petition, verified by affidavit, to the probate court having jurisdiction of the estate. It must describe the lands accurately and give the names of the devisees and their places of residence and must state whether any and which such devisees are under the age of 19 years or of unsound mind, and must also show that the lands prayed to be sold are charged or chargeable, expressly or by necessary implication, with the payment of pecuniary legacies, and that no power is given the personal representative to sell the lands for such purpose.
Ala. Code § 43-2-256 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-256
Section 43-2-256 Compensation of Administrator Ad Litem
Status: in_force

Such administrator ad litem must be allowed for his or her services such compensation as the judge of probate or judge of the circuit court appointing him or her may direct, to be taxed and collected as part of the costs of the proceedings, either out of the estate represented by him or her, or out of the general fund administered therein or out of any party to the action who may be taxed therewith, as the court may direct.
Ala. Code § 43-2-586 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-586
Section 43-2-586 Applicability of Sections 43-2-581 through 43-2-585 to Widow
Status: in_force

Sections 43-2-581 through 43-2-585 apply to the widow who has dissented from her husband’s will and seeks to compel the payment of her distributive share or, if she is dead, to her administrator or executor.
Ala. Code § 43-2-89 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-89
Section 43-2-89 Force and Obligations of Former Bonds Continued
Status: in_force

When the additional bond is not given on the application of a surety, the former bonds are not discharged, but each remains of the same force and obligation as if such additional bond had not been given; and any person aggrieved, for a breach of the last bond, may proceed on either or all of the bonds, in the same or in separate proceedings.
Ala. Code § 43-2-709 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-709
Section 43-2-709 Appeals
Status: in_force

(a) Any party to the proceedings to declare an estate insolvent may appeal to the supreme court or court of civil appeals from the decree or order declaring the estate insolvent or dismissing the report within 42 days from the rendition of such order or decree in the manner provided by law for appeals from the probate court in other similar or like proceedings.

(b) If an appeal has been taken on a contest as to the report of insolvency, the case must, on motion, be continued during the pendency of such appeal.
Ala. Code § 43-2-351 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-351
Section 43-2-351 Time and Manner of Filing Claims - Exception as to Minors or Persons of Unsound Mind
Status: in_force

The provisions of subsection (b) of Section 43-2-350 do not apply to minors or persons of unsound mind who have no legal guardian at the time of the grant of letters testamentary or of administration; but such minors and persons of unsound mind are allowed six months after the appointment of a guardian, or, if none be appointed, six months after the removal of their respective disabilities, in which to present their claims.
Ala. Code § 43-2-500 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-500
Section 43-2-500 When Annual or Partial Settlement Required
Status: in_force

Every executor or administrator must make annual settlements of his or her administration; and he or she may, when necessary for the interests of the estate, be required to make a settlement at any time.
Ala. Code § 43-2-581 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-581
Section 43-2-581 Application
Status: in_force

The application for such purpose must be in writing, verified by affidavit; must set forth the applicant’s claim and must allege a sufficiency of assets in the hands of such executor or administrator to pay the same after discharging the debts of the testator, charges on his or her estate and other legacies entitled to priority of payment.
Ala. Code § 43-8-197 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-197
Section 43-8-197 Change of Venue
Status: in_force

(a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed.

(b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be probated or rejected in such probate court as such judgment may be for or against the validity of the will.

(c) If, on the removal of the trial, the costs are directed to be paid out of the estate, a bill of costs must be made out by the judge of probate trying the same and certified to the judge of probate of the county from which the trial was removed; and such bill of costs may be taxed by motion in the court in which the trial was had, and the same may be recertified to such judge of probate.
Ala. Code § 43-2-420 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-420
Section 43-2-420 Assignment or Transfer of Mortgages, Notes or Accounts
Status: in_force

Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes, or accounts belonging to a decedent, provided he or she receives the full amount due thereon, and provided said mortgages, notes, or accounts shall have been entered on the inventory returned to the court.
Ala. Code § 43-8-140 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-140
Section 43-8-140 Testamentary Additions to Trusts
Status: reserved

A devise or bequest, the validity of which is determinable by the law of this state, may be made by a will to the trustee of a trust established or to be established by the testator and some other person or by some other person (including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts) if the trust is identified in the testator’s will and its terms are set forth in a written instrument (other than a will) executed before or concurrently with the execution of the testator’s will or in the valid last will of a person who has predeceased the testator (regardless of the existence, size, or character of the corpus of the trust). The devise is not invalid because the trust is amendable or revocable, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator’s will provides otherwise, the property so devised (1) is not deemed to be held under a testamentary trust of the testator but becomes a part of the trust to which it is given and (2) shall be administered and disposed of in accordance with the provisions of the instrument or will setting forth the terms of the trust, including any amendments thereto made before the death of the testator (regardless of whether made before or after the execution of the testator’s will), and, if the testator’s will so provides, including any amendments to the trust made after the death of a testator. A revocation or termination of the trust before the death of the testator causes the devise to lapse.
Ala. Code § 43-2-271 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-271
Section 43-2-271 Liability for Assets Upon Resignation
Status: in_force

In case of resignation, the executor or administrator and his or her sureties are bound for all the assets not administered, which have not been delivered over to his or her successor.
Ala. Code § 43-2-29 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-29
Section 43-2-29 Grant of Letters Testamentary After Revocation of Letters of Administration
Status: in_force

(a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims letters testamentary and complies with the requisition of the law, the probate court having jurisdiction must revoke the letters of administration and grant letters testamentary to such executor.

(b) If, in the case provided for by subsection (a), the sole executor or some of the executors, within five days after the proof of such will, do not appear and take out letters testamentary thereon, a copy of the will must be annexed to the letters of administration and must be executed by the administrator.
Ala. Code § 43-2-235 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-235
Section 43-2-235 Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Distribution of Assets
Status: in_force

The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after which revocation all the powers of the administrator shall cease, but all receipts, disbursements of assets, and other acts previously done by him or her shall remain as valid as if the said letters were unrevoked. The administrator shall settle an account of his or her administration, down to the time of such revocation, and shall transfer all assets remaining in his or her hands to the person as whose administrator he or she had acted or to his or her duly authorized agent or attorney. Nothing in this article shall validate the title of any person to any property or money received as widow, next of kin, or heir of such supposed decedent, but the same may be recovered from such person, provided such supposed decedent shall make due and sufficient legal proof to the court having jurisdiction of said estate, within one year after the petition for letters of said administration was filed, that he or she is alive; provided further, that if such proof is not furnished as provided in this article, the court having jurisdiction of said estate is authorized and directed to direct the administrator of said estate to disburse such funds or money as he or she may have belonging to said estate to the persons entitled to receive the same under the law.
Ala. Code § 43-2-533 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-533
Section 43-2-533 Setting Aside Decree
Status: in_force

If, however, such executor or administrator appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued upon the proceedings had under Sections 43-2-530 through 43-2-532, the court may set aside such decree and proceed as if none had been rendered.
Ala. Code § 43-8-212 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-212
Section 43-8-212 Proceedings Under This Division
Status: in_force

Unless the context otherwise requires, in this division, a proceeding includes an action at law and a suit in equity.
Ala. Code § 43-2-563 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-563
Section 43-2-563 Settlement by Sureties of Deceased Executor or Administrator - Conclusiveness of Settlement
Status: in_force

In all such cases provided for in Section 43-2-562, the settlement therein provided for shall be final and conclusive against such sureties save the right of review by appeal or otherwise as now provided by law.
Ala. Code § 43-8-23 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-23
Section 43-8-23 Availability of Summary Distribution Proceedings for Small Estates
Status: in_force

In the event the estate qualifies as a small estate under Section 43-2-691, the summary distribution proceedings for a small estate under Division 10 of Article 18 of Chapter 2 of this title are available to the small estate.
Ala. Code § 43-2-251 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-251
Section 43-2-251 Decree in Favor of Administrator Ad Litem
Status: in_force

When, in such proceedings, the estate represented by the administrator ad litem is entitled to a decree or judgment for the recovery of money or for the possession of real or personal property, such decree or judgment shall be rendered in favor of the administrator ad litem for the use of the estate.
Ala. Code § 43-2-62 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-62
Section 43-2-62 Penalty for Failure to Give Notice
Status: in_force

It is the duty of the judge of probate to see that such publication is duly made; and any executor or administrator failing to make the same must not be allowed any compensation as such; and he or she and his or her sureties are liable, on proof that such notice has not been given, to any creditor for the amount which he or she would have been entitled to out of the assets of the estate had his or her claim been duly presented.
Ala. Code § 43-2-238 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-238
Section 43-2-238 Applicability of Other Laws Relating to Administration of Decedents’ Estates
Status: in_force

All laws in this state with respect to procedure in the administration of estates of deceased persons which are not in conflict with the provisions of this article are made applicable to proceedings under this article.
Ala. Code § 43-2-791 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-791
Section 43-2-791 Application for Order for Sale - Form and Contents; Verification; Notice to Heirs and Devisees
Status: in_force

Such application shall be in writing, verified by affidavit, shall contain an accurate description of the lands sought to be sold and shall set forth the names and places of residence of the heirs or devisees and whether they are under or over the age of 19 years; and the court shall give notice to such heirs or devisees of the filing of such application and of the day appointed to hear 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 the newspaper published nearest to the courthouse of such county, by posting notice at the courthouse door for the same length of time and by forwarding notices to those whose places of residence are known. If any of the heirs or devisees are unknown, they may be made parties in the manner provided by Section 43-2-447.
Ala. Code § 43-2-532 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-532
Section 43-2-532 Proceedings on Settlement of Account
Status: in_force

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator and show that he or she is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or may show assets not accounted for, or that such executor or administrator has failed to collect any assets from want of due diligence, or that, by any abuse of, or failure to discharge his or her trust, such assets or any portion thereof have been injured, destroyed, or depreciated; and, in case of such proof, the executor or administrator must be charged therewith; and, upon such settlements, decrees must be rendered as upon settlements voluntarily made.
Ala. Code § 43-2-792 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-792
Section 43-2-792 Action by Administrator for Recovery of Lands
Status: in_force

The administrator of an insolvent estate may maintain an action for the recovery of lands of the estate in every case in which such action might be maintained by him or her if the estate was solvent.
Ala. Code § 43-2-250 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-250
Section 43-2-250 Appointment
Status: in_force

When, in any proceeding in any court, the estate of a deceased person must be represented, and there is no executor or administrator of such estate, or he or she is interested adversely thereto, it shall be the duty of the court to appoint an administrator ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering such appointment necessary shall appear in the record of such case or shall be made known to the court by the affidavit of any person interested therein.
Ala. Code § 43-8-164 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-164
Section 43-8-164 Notice to Surviving Spouse and Next of Kin - Generally
Status: in_force

Whenever an application is made to prove a will in this state, at least 10 days’ notice must be given to the surviving spouse and next of kin, or either of them, residing and being within the state, before such application is heard.
Ala. Code § 43-2-626 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-626
Section 43-2-626 Division, Sale or Assignment of Judgments or Claims
Status: in_force

(a) Any judgments or claims in favor of the estate, which are not collected at the time of final distribution, may be divided among the persons entitled, on final distribution; or, if such division cannot be equitably made, may be sold as other personal property.

(b) The executor or administrator must assign any such judgment or claim to the distributee, legatee or purchaser, as the case may be; and such person is entitled to collect the same by civil action or otherwise.
Ala. Code § 43-2-643 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-643
Section 43-2-643 Time for Hearing; Notice
Status: in_force

A day must be appointed for the hearing of such application, and a citation must be issued and served on the administrator 10 days before the day appointed, notifying him or her of the grounds of the application and the day of hearing the same.
Ala. Code § 43-2-154 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-154
Section 43-2-154 Purchase of Property Sold Under Execution
Status: in_force

The executor or administrator of any decedent may purchase for the estate property sold under any judgment of the circuit court or under any execution in his or her favor as such executor or administrator.
Ala. Code § 43-2-191 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-191
Section 43-2-191 Appointment of Nonresident Executor - Generally
Status: in_force

Judges of probate are authorized to issue letters testamentary to persons named as executors in wills regularly probated who are nonresidents of this state, upon like bond and surety and upon the same terms, conditions, and requirements as are required by law of citizens of this state.
Ala. Code § 43-8-298 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-298
Section 43-8-298 Applicability of Article
Status: in_force

An interest in property that exists on the effective date of this article as to which, if a present interest, the time for delivering or filing a disclaimer under this article has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after the effective date of this article.
Ala. Code § 43-2-422 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-422
Section 43-2-422 Returns of Accounts of Sales
Status: in_force

All accounts of sales of personalty made by the executor or administrator must be returned on oath, within 30 days after such sale, and must be recorded; and such returns may be compelled by attachment.
Ala. Code § 43-2-724 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-724
Section 43-2-724 Former Letters Revoked Upon Appointment; Property Vested in Administrator
Status: in_force

Whenever an administrator is appointed under the provisions of this division, any former grant of letters on the estate is thereby revoked; and the property of such estate is thereby vested in such administrator.
Ala. Code § 43-2-88 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-88
Section 43-2-88 When Sureties Discharged by Additional Bond
Status: in_force

When an additional bond is given on the application of the surety of an executor or administrator, such surety is discharged as to all breaches subsequent to the execution and approval of the additional bond.
Ala. Code § 43-2-465 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-465
Section 43-2-465 Right of Purchaser to Cite Executor or Administrator to Report Sale
Status: in_force

(a) If the executor or administrator fails, within the time required by law, to report any sale of lands made by him or her under the provisions of this article, the purchaser, or his or her heirs, or any other person claiming under him or her directly or derivatively, may, on motion in the probate court, have citation to issue to such executor or administrator, citing him or her to appear within 20 days from the date of the service of the citation, and report the sale; and if such executor or administrator is then a nonresident of the state, or his or her place of residence is unknown to the party asking for the citation, the court, on affidavit being made of either of these facts, must cause service of such citation to be made by publication, once a week 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 of such county.

(b) If the executor or administrator fails to appear and report the sale, as required by such citation, the probate court must, on the day such executor or administrator is cited to appear, or on such other day as may be set by the court, proceed to hear evidence touching the regularity of the sale, the compliance with the terms of sale, and the adequacy of the price bid for the lands; and if from the evidence the court is satisfied that the sale was regular and fair, that the purchase money has been paid or secured, according to the terms of sale, and that the amount bid at the sale is an adequate price for the lands, an order confirming the sale, and, if the sale was for cash, and the purchase money has been paid, designating and authorizing some person to convey the title to the lands to the party entitled thereto, must be made.
Ala. Code § 43-2-697 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-697
Section 43-2-697 Notice to Medicaid Agency of Appointment as Personal Representative or Filing of Petition Under Section 43-2-692
Status: in_force

(a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall give notice of his or her appointment, or the filing of a petition in accordance with Section 43-2-692, to the Medicaid Agency. The notice shall include all of the following information:

(1) The full legal name of the deceased.

(2) The date of birth of the deceased.

(3) The date of death of the deceased.

(4) The Social Security number of the deceased.

(5) The marital status of the deceased at the time of death.

(6) The name, address, and phone number of the spouse of the deceased, if applicable.

(7) The court in which a probate estate has been opened.

(8) The probate case number.

(9) The date on which letters testamentary or letters of administration were issued by the probate court.

(10) The name, address, and phone number of the person giving notice.

(11) The type of probate proceeding.

(b) The notice shall be effective, provided the information in subdivisions (1), (2), and (3) of subsection (a) are included.

(c) The notice shall be mailed to the Medicaid Agency, Attn: Estate Notice Office, P.O. Box 5624 Montgomery, AL 36103-5624, or such other address as the commissioner may provide by rule. The notice shall be mailed by United States Postal Service Certified Mail with instructions to forward, return receipt requested, with instructions to the delivering postal employee to show to whom delivered, date of delivery, and address where delivered. The return receipt shall be addressed to the probate court in which the estate was filed and shall identify the case number of the case to which the notice pertains. Upon mailing, the personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, shall immediately file with the probate court an affidavit of certified mailing of notice to the Medicaid Agency, along with a copy of the notice sent. The affidavit shall verify that the notice has been mailed by certified mail in accordance with this division. The probate court shall enter the return receipt into the case record.

(d) The Medicaid Agency shall respond to the notice by sending one of the following documents to be filed in the probate court:

(1) A claim.

(2) A waiver of claim.

(3) A statement that no amount is due.

(e) The Medicaid Agency shall send a response under subsection (d) as soon as practicable, but no later than 30 days after the date of receipt of the notice. The claim is waived if the agency has not delivered its response to the probate court within 30 days of receipt of the notice.

(f) The Medicaid Agency may create an electronic system for persons to provide notice in accordance with this section. If created, the electronic system shall issue a serialized certificate as proof of notice. The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, shall file the serialized certificate in the probate court if the electronic system is utilized. If the Medicaid Agency provides such a system, then the personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, may choose to either provide notice through the electronic system or in accordance with subsection (c), but shall not be required to do both.

(g) The Medicaid Agency shall not be charged for filing a waiver of claim or statement that no amount is due. The fee for the filing of the agency’s claim shall be considered part of the fees and charges of administration and shall be paid back to the agency without the filing of an additional claim.

(h) The debts of the sixth order of preference, in accordance with Section 43-2-371, shall not be paid, and no distribution shall be made, until proof of notice, as required by this section, has been filed in the probate court and 30 days have passed since the Medicaid Agency received notice.

(i) For the purpose of this section, personal representative shall have the same meaning as provided in Section 43-8-1.

(j) This section shall only apply to cases initiated on or after September 1, 2019.

(k) All notices provided to the Medicaid Agency and all reports, records, databases, or other documents generated by the agency shall be exempt from disclosure pursuant to Section 36-12-40.

(1) Nothing in this section should be construed to modify current probate estate enforcement or grant a new cause of action to the Medicaid Agency.
Ala. Code § 43-8-21 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-21
Section 43-8-21 Venue; Multiple Proceedings; Transfer
Status: in_force

(a) Where a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.

(c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
Ala. Code § 43-2-458 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-458
Section 43-2-458 Place of Sale
Status: in_force

Lands may be sold at such place in the county where they lie, as the court may direct; and if they lie in one body, but in more than one county, they may be sold in either of the counties, as the court may direct.
Ala. Code § 43-2-480 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-480
Section 43-2-480 Authorization to Sell
Status: in_force

Lands of an estate may be ordered sold by the probate court having jurisdiction of the estate for the payment of pecuniary legacies, when such legacies are expressly or by necessary implication made a charge on such lands and the will does not confer upon the personal representative the power or authority to make sale of lands for such purpose.
Ala. Code § 43-2-835 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-835
Section 43-2-835 Duty of Personal Representative; Inventory and Appraisement
Status: in_force

(a) Within two months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall file an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, and the type and amount of any encumbrance that may exist with reference to any item.

(b) The personal representative shall send a copy of the inventory to interested persons who request it. If the testator, by express provision in the will to that effect, exempts the personal representative from filing an inventory, the personal representative shall not be required to file the initial inventory, or any supplement thereto, with the court, unless in the opinion of the court, the estate is likely to be wasted, to the prejudice of any interested person.
Ala. Code § 43-8-76 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-76
Section 43-8-76 Order of Abatement
Status: in_force

(a) Except as provided in subsection (b) of this section and except as provided in connection with the share of the surviving spouse who elects to take an elective share, shares of distributees abate, without any preference or priority as between real and personal property, in the following order:

(1) Property not disposed of by the will;

(2) Residuary devises;

(3) General devises;

(4) Specific devises.

For purposes of abatement, a general devise charged on any specific property or fund is a specific devise to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the value of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.

(b) If the will expresses an order of abatement, or if the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) of this section, the shares of the distributees abate as may be found necessary to give effect to the intention of the testator.

(c) If the subject of a preferred devise is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets.
Ala. Code § 43-2-190 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-190
Section 43-2-190 Applications for Letters Testamentary or of Administration
Status: in_force

The application filed by a nonresident for letters testamentary or of administration must set forth his or her name and post-office address; but the address so given may, at any time, be changed by such nonresident executor or administrator, such change to be shown by a written statement setting forth his or her present post-office address, signed by such executor or administrator, or his or her attorney and filed and recorded in the court granting the letters.
Ala. Code § 43-2-84 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-84
Section 43-2-84 Bond of Applicant When Administration Committed to General Administrator or Sheriff
Status: in_force

(a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless such person enters into bond, with surety, to be approved by the judge, to pay the fees and allowances made by the court on such administration, if the property of the estate is insufficient therefor.

(b) If, upon the settlement of an administrator appointed under subsection (a), it appears that sufficient assets of his or her intestate have not come to his or her hands to pay the costs and expenses legally incurred in his or her administration, the probate court having jurisdiction of such administration may enter a judgment and thereon issue execution against the obligors in the bond mentioned in subsection (a), for any excess due above the assets in the hands of such administrator.
Ala. Code § 43-2-334 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-334
Section 43-2-334 Order Authorizing Hiring of Laborers - Generally
Status: in_force

The probate court has power to grant orders authorizing administrators, in cases of intestacy, to hire a sufficient number of laborers to keep up and cultivate the plantation of their intestates, where it is deemed by the court advisable to order the same to be kept together for a term of years.
Ala. Code § 43-2-194 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-194
Section 43-2-194 Manner of Administering and Settling Estate
Status: in_force

When letters are granted to a nonresident executor or administrator, the assets of the estate upon which such letters are granted, which may be within this state at the date of such letters, shall in all respects be administered and settled as if such letters had been issued to a resident executor or administrator.
Ala. Code § 43-2-441 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-441
Section 43-2-441 Authorization to Sell - Where Will Exists
Status: in_force

Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no power to sell the same for that purpose.
Ala. Code § 43-2-461 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-461
Section 43-2-461 Setting Aside Sale; Resale
Status: in_force

(a) If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or any portion of the same, sold was greatly less than its real value, the court may vacate such sale, either in whole or in part.

(b) If it is made to appear to the court previous to the confirmation of such sale, that the sureties taken on the notes or bonds of the purchasers or the security given are insufficient, such sale, as to every such purchaser, must not be confirmed until he or she gives security for the purchase money to the satisfaction of the court; and if such security is not given within 10 days the sale must be vacated as to the purchaser thus failing.

(c) When any sale of land is vacated, in whole or in part, according to the provisions of subsections (a) and (b) of this section, the court must direct another sale to be had, which must be advertised and conducted in all respects as is provided for the sale of lands under the provisions of this division.
Ala. Code § 43-2-27 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-27
Section 43-2-27 Letters of Administration Granted in Stated Order on Failure of Executor to Apply, Etc
Status: in_force

If no person is named in the will as executor, or if named executors, one or more, all renounce or fail to apply within 30 days after probate or are unfit persons to serve, the residuary legatee, or if he or she fails to apply within such time, refuses to accept or is unfit to serve, then the principal legatee, is entitled to letters of administration, with the will annexed; and, if both residuary and principal legatees fail to apply within such time, refuse to accept or are unfit to serve, then such letters may be granted to the same persons and in the same order as letters of administration are granted in cases of intestacy.
Ala. Code § 43-2-695 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-695
Section 43-2-695 Limitation on Right to Summary Distribution
Status: in_force

The right of a person to summary distribution of a decedent’s estate provided for by this division shall be subject only to any preexisting rights to administer the estate or probate the will, or to the superior rights of any other person to the personal property.
Ala. Code § 43-2-562 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-562
Section 43-2-562 Settlement by Sureties of Deceased Executor or Administrator - Petition for Order Requiring Sureties to Make Settlement
Status: in_force

In any case where an executor or administrator shall die without having made a final settlement of his or her administration and a successor is appointed, such succeeding executor or administrator or the heirs and distributees, legatees, or cestui que trust may, by petition to the court in which such estate is pending, have an order requiring the sureties on such bond to make settlement of such estate in said court after 10 days’ notice of the day fixed by the court or judge thereof.
Ala. Code § 43-2-60 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-60
Section 43-2-60 Generally; Time of Notice
Status: in_force

The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by law or that the same will be barred. The notice of appointment,

(1) For actual notice as required in Section 43-2-61(1), must be given as soon as practicable after a creditor’s identification is known; and

(2) For publication notice as required in Section 43-2-61(2), must be given within thirty days from grant of letters.
Ala. Code § 43-2-750 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-750
Section 43-2-750 Claim Allowed After Partial Distribution
Status: in_force

Any creditor of an insolvent estate, whose claim is allowed after a partial distribution, must be allowed out of the remaining assets of such estate, if sufficient, such an amount as will give him or her his or her just dividend.
Ala. Code § 43-2-640 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-640
Section 43-2-640 Authorization to Make Distribution - Distribution by Executor or Administrator
Status: in_force

When the executor or administrator is satisfied that the estate is solvent, he or she may, after six months from the date of the grant of letters testamentary or of administration, make distribution of the whole or any part of the property without obtaining an order of court, or he or she may so report it and obtain an order of distribution as to the whole, or any part of the property; but, in such case, if the distribution or the order is made before a final settlement of such estate, neither the distribution, the order, nor the proceedings thereon are a defense in any action brought against such executor or administrator as such.
Ala. Code § 43-2-663 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-663
Section 43-2-663 Contest
Status: in_force

Any person interested may appear and contest any statement in the petition or complaint and may examine the parties or any other witness and may introduce any legal evidence in support of his or her contest.
Ala. Code § 43-8-192 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-192
Section 43-8-192 Drawing and Summoning of Jurors; Penalty for Default
Status: in_force

(a) The jury for the trial of such contest must be drawn and summoned as provided by law.

(b) Any person summoned as a juror who shall, without legal cause or good excuse, fail to attend at the time and place required, shall be guilty of a contempt of court and may be punished by the court by a fine of not exceeding $100.00.
Ala. Code § 43-2-421 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-421
Section 43-2-421 Stock in Trade
Status: in_force

(a) When any person engaged in mercantile business dies, leaving a stock of goods, wares, and merchandise, and leaving no surviving partner in such business, the executor or administrator of his or her estate may sell such stock or goods, wares, or merchandise, either at public or private sale, by wholesale or retail, upon first obtaining an order for such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction of the estate.

(b) To obtain such order, the executor or administrator must file in such court an application in writing, verified by his or her oath, setting forth with reasonable certainty the kind, quantity and estimated value of such goods, wares, or merchandise, and any facts or circumstances that may render it necessary or expedient to sell the same; and if it should appear to the court that it would benefit those interested in the estate that such order should be made, the court must make the same, and may, in its discretion, prescribe such terms and conditions of sale as may seem to the court most advantageous to those interested in the estate. Such sale must be made within one year from the making of such order.
Ala. Code § 43-2-1 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-1
Section 43-2-1 Recordation of Letters and Bonds; Transcripts as Evidence
Status: in_force

All letters testamentary and of administration, general or special, and the bonds given by executors and administrators must be recorded by the judge of probate. Transcripts thereof, duly certified, are evidence in all the courts of this state to the same extent as if the originals were produced.
Ala. Code § 43-2-642 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-642
Section 43-2-642 Contents of Application
Status: in_force

Such application must be in writing, verified by affidavit, must specify the share to which the applicant is entitled and must allege that the assets of the decedent are more than sufficient to pay the debts of the decedent and the charges on his or her estate.
Ala. Code § 43-2-290 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-290
Section 43-2-290 Causes of Removal Generally
Status: in_force

An administrator may be removed, and his or her letters revoked for his or her removal from the state; and an administrator or executor may be removed and his or her letters revoked for any of the following causes:

(1) Imbecility of mind; intemperance; continued sickness, rendering him or her incapable of the discharge of his or her duties; or when from his or her conduct or character there is reason to believe that he or she is not a suitable person to have the charge and control of the estate.

(2) Failure to make and return inventories or accounts of sale; failure to make settlements as required by law; or the failure to do any act as such executor or administrator, when lawfully required by the judge of probate.

(3) The wasting, embezzlement, or any other maladministration of the estate.

(4) The using of any of the funds of the estate for his or her own benefit.

(5) A sentence of imprisonment in the penitentiary, county jail or for hard labor for the county for a term of 12 months or more.
Ala. Code § 43-2-558 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-558
Section 43-2-558 Setting Aside Decree
Status: in_force

If, however, such executor or administrator or, if dead, his or her personal representative or, in event of his or her removal from the state, his or her sureties appear and file his or her accounts and vouchers for settlement and pay such costs as have accrued upon the proceedings had under Sections 43-2-555 through 43-2-557, the court may set aside such decree and proceed as if none had been rendered.
Ala. Code § 43-2-155 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-155
Section 43-2-155 Right of Succeeding Representative to Execution
Status: in_force

Any subsequent administrator, or administrator with the will annexed, may have execution on any judgment recovered by any person who preceded him or her in the administration of the same estate, without reviving the same or without proceeding to notify the defendant in such judgment.
Ala. Code § 43-2-531 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-531
Section 43-2-531 Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account
Status: in_force

After stating such account, the court must issue a citation to such executor or administrator to appear on a day therein named and file his or her accounts and vouchers for settlement or that the account so stated will be passed, which must be served on him or her at least 10 days before the day named therein; and must also give notice of such settlement by publication, as in case of settlements voluntarily made by executors and administrators; and, if on the day named such executor or administrator fails to appear and file his or her accounts and vouchers for settlement, as required by law, the court must proceed to examine the account so stated and audit and, if necessary, restate the same.
Ala. Code § 43-2-233 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-233
Section 43-2-233 Publication of Notice of Presumption of Death
Status: in_force

If satisfied upon the hearing that the legal presumption of death is made out, the court shall so decree and shall forthwith cause notice thereof to be inserted for two successive weeks in a newspaper published in the county and also, when practicable, in a newspaper published at, or near, the place shown in the commonwealth, where, when last heard from, the supposed decedent had his or her residence. The said notice shall require the supposed decedent, if alive, or any other person for him or her to produce to the court, within 12 weeks from the date of its last insertion, satisfactory evidence of his or her continuance in life.
Ala. Code § 43-2-720 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-720
Section 43-2-720 When Creditors May Make Nomination; Who May Be Nominated
Status: in_force

On the day appointed for the settlement of the administration of an estate declared insolvent or on any day to which the same is continued, the creditors present or represented may nominate to the court any fit person, an inhabitant of this state, as administrator of the property, rights and credits of such estate unadministered.
Ala. Code § 43-2-746 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-746
Section 43-2-746 When Claim Allowed Without Further Proof
Status: in_force

If no opposition is made, in the manner provided in Section 43-2-747, within six months after the time when the estate was declared insolvent, such claim must be allowed against the estate without further proof.
Ala. Code § 43-2-453 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-453
Section 43-2-453 Evidence of Title
Status: in_force

In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application.
Ala. Code § 43-2-312 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-312
Section 43-2-312 Contents of Inventory
Status: in_force

The inventory must set forth the property, enumerating each item separately, all debts or demands due or accruing to the decedent, the time such debts or demands are due, the amount of the same and how evidenced, with the credits, if any, and the name of the debtor and the amount of money.
Ala. Code § 43-2-848 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-848
Section 43-2-848 Compensation of Personal Representative
Status: in_force

(a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may include, but are not limited to, the novelty and difficulty of the administrative process, the skill requisite to perform the service, the likelihood that the acceptance of the particular employment will preclude other employment, the fee customarily charged in the locality for similar services, the amount involved and the results obtained, the requirements imposed by the circumstances and condition of the estate, the nature and length of the professional relationship with the decedent, the experience, reputation, diligence, and ability of the person performing the services, the liability, financial or otherwise, of the personal representative, or the risk and responsibility involved, which shall not exceed two and one-half percent of the value of all property received and under the possession and control of the personal representative and two and one-half percent of all disbursements.

(b) In addition the court may allow a reasonable compensation for extraordinary services performed for the estate.

(c) If a will provides for compensation, or no compensation, of the personal representative either directly or conditionally and there is no contract with the decedent regarding compensation, the personal representative may renounce the provisions and if no alternate or successor personal representative is willing to serve for the compensation provided in the will for the personal representative, the personal representative in the order of priority provided in the will shall be entitled to reasonable compensation. A personal representative also may renounce the right to all or any part of the compensation. A renunciation may be filed with the court.

(d) Nothing in this section shall be construed to limit the right of a decedent or all affected beneficiaries to agree in writing with the personal representative, as to the amount or the method of determining the personal representative’s compensation, which shall be binding on all parties if the appointment is accepted and the agreement is not unconscionable.
Ala. Code § 43-8-296 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-296
Section 43-8-296 Remedy Not Exclusive
Status: in_force

This article does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other statute.
Ala. Code § 43-2-457 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-457
Section 43-2-457 How Purchase Money Secured
Status: in_force

The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money mortgage.
Ala. Code § 43-2-230 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-230
Section 43-2-230 Applications for Letters of Administration
Status: in_force

Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the place of his or her last domicile within this state shall be applied for, it shall be the duty of the judge of probate to whom the application shall be made to accept and file the same and to thereupon take the testimony with respect to whether the petitioner is entitled to such letters; and, if the court is satisfied by the testimony that the applicant would be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised in a newspaper published in the county, once a week for four consecutive weeks, the fact of said application, together with notice that on a day certain which shall be at least two weeks after the last of said advertisements, the court will hear evidence concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof.
Ala. Code § 43-2-810 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-810
Section 43-2-810 Continuance Upon Showing of Insolvency
Status: in_force

During the progress of any civil action against an executor or administrator, he or she may show that such estate has been reported insolvent; and, upon such showing, the case must be continued until the final disposition of such report.
Ala. Code § 43-8-291 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-291
Section 43-8-291 Right to Disclaim Interest in Property
Status: in_force

(a) A person, or the representative of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir, next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract, or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument, or to whom any property or interest therein devolves, by whatever means, may disclaim in whole or in part the right of succession to any property or interest therein by delivering or filing a written disclaimer under this article.

(b) A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him or her by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him or her, if the joint tenancy was created by act of a deceased joint tenant, if the survivor did not join in creating the joint tenancy.

(c) The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
Ala. Code § 43-2-751 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-751
Section 43-2-751 Action by Creditor to Recover Dividend
Status: in_force

(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him or her such an amount of the dividend he or she has received as shall be in the same proportion thereto as the claim of the plaintiff bears to the debts of the estate distributed, including the claim of the plaintiff.

(b) But, in such action, the defendant may reduce the recovery, by showing that such dividend has been reduced by the recovery or payment of the claims of other creditors of such estate in the like proportion.

(c) In such action, the plaintiff must pay the costs, unless he or she proves that he or she has exhibited his or her claim and demanded of the defendant his or her proportion of the dividend received by him or her before the commencement of the action.
Ala. Code § 43-2-131 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-131
Section 43-2-131 Limitation on Actions Against Executor or Administrator
Status: in_force

No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration, unless the executor or administrator has given notice of the disallowance of the claim.
Ala. Code § 43-7-6 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-6
Section 43-7-6 Chapter Not Retroactive
Status: in_force

This chapter shall not apply to the distribution of the property of a person who died before September 7, 1949.
Ala. Code § 43-2-703 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-703
Section 43-2-703 Report of Insolvency - Affidavit Accompanying Report and Statement
Status: in_force

Such report and statement must be accompanied by an affidavit of the executor or administrator to the effect that they are correct to the best of his or her knowledge, information and belief.
Ala. Code § 43-2-350 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-350
Section 43-2-350 Time and Manner of Filing Claims - Generally
Status: in_force

(a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by Section 43-2-352. All claims not so presented and filed are forever barred, and the payment or allowance thereof is prohibited. But this subsection shall not apply to claims of personal representatives to compensation for their services as such, nor to sums properly disbursed by them in the course of administration.

(b) All claims against the estate of a decedent, other than the claims referred to in subsection (a) of this section, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed 30 days after notice within which to present the claim, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited. Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted. Claims which have not been filed and which are liens against the property of the decedent may be paid by the personal representative to protect the assets of the estate. The provisions of this subsection do not apply to heirs or devisees claiming as heirs or devisees.
Ala. Code § 43-2-770 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-770
Section 43-2-770 When Settlement Must Be Made
Status: in_force

Every executor or administrator of an insolvent estate must make a settlement of his or her accounts, as such, at such time as the court may appoint, not less than six months nor more than 12 months from the time the estate is declared insolvent.
Ala. Code § 43-8-20 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-20
Section 43-8-20 Applicability of Chapter
Status: in_force

Except as otherwise provided in this chapter, this chapter applies to:

(1) The affairs and estates of decedents domiciled in this state; and

(2) The property of nonresidents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.
Ala. Code § 43-8-49 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-49
Section 43-8-49 Advancements
Status: in_force

If a person dies intestate as to all his or her estate, property which he or she gave in his or her lifetime to an heir is treated as an advancement against the latter’s share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient’s issue, unless the declaration or acknowledgment provides otherwise.
Ala. Code § 43-2-509 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-509
Section 43-2-509 Liability of Executor or Administrator for Interest or Profits
Status: in_force

If any executor or administrator uses any of the funds of the estate for his or her own benefit, he or she is accountable for any profit made thereon or legal interest.
Ala. Code § 43-2-464 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-464
Section 43-2-464 Conveyance
Status: in_force

After such confirmation, and when the whole of the purchase money has been paid by the purchaser, or his or her heirs, or any other person holding under him or her directly or derivatively, on the application of such purchaser, or his or her heirs, or such other person holding under him or her, or of the executor or administrator, the court must order a conveyance to be made to such purchaser, or to his or her heirs, or to such other person holding under him or her, as the case may be, by the executor or administrator, or such other person as the court may appoint, conveying all the right, title, and interest which the decedent had, at the time of his or her death, in such lands; and such order shall operate to vest the right, title, and interest of the decedent in such purchaser, or his or her heirs, or such other person holding under him or her.
Ala. Code § 43-2-291 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-291
Section 43-2-291 Rights Terminated by Sentence of Imprisonment
Status: in_force

A sentence of imprisonment in the penitentiary, imprisonment in the county jail or hard labor for the county, for a term of 12 months or more, terminates the right of the convict to execute the office of executor or administrator, in the same manner as if he or she had been removed from office and extinguishes all private trusts not susceptible of delegation by him or her.
Ala. Code § 43-2-23 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-23
Section 43-2-23 Issuance of Letters to Married Woman
Status: in_force

It shall not be necessary, in order for letters testamentary to issue to a married woman, for her husband to consent thereto; and the husband shall not be responsible for her acts.
Ala. Code § 43-8-210 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-210
Section 43-8-210 Application and Construction of Division
Status: in_force

(a) This division applies to both of the following:

(1) Wills filed for probate on or after January 1, 2023, and the removal to circuit court of the administration of a decedent’s estate when the administration commenced on or after January 1, 2023.

(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.

(b) Sections 12-11-41, 12-11-41.1, 43-8-190, 43-8-197, 43-8-198, 43-8-199, 43-8-200, and 43-8-201, shall not apply to, and shall not deprive a circuit court of jurisdiction of probate proceedings pursuant to the enumerated sections, in either of the following:

(1) Wills filed for probate on or after January 1, 2023, or the removal of the administration of a decedent’s estate, when the administration was commenced on or after January 1, 2023.

(2) Any probate proceeding, including a will contest or the removal of the administration of a decedent’s estate, regardless of when filed, which was before a circuit or appeals court as of April 14, 2022, and which was subject to an order issued by a probate court or circuit court purporting to transfer or remove the case to circuit court or purporting to accept the case into circuit court.

(c) If any provision of this division conflicts with any provision of Chapter 13 of Title 12; Division 3, Article 7, Chapter 8 of Title 43; or any other provision of law, the provision of this division prevails.
Ala. Code § 43-8-256 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-256
Section 43-8-256 Testator May Preclude Corporation from Becoming Surety on Bond of Executor or Administrator
Status: in_force

Whenever any testator, by the terms of his or her will, so provides, no corporation shall be accepted upon the bond of any executor or administrator of such testator.
Ala. Code § 43-8-270 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-270
Section 43-8-270 Duty of Custodian of Will After Death of Testator; Liability
Status: in_force

After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.
Ala. Code § 43-2-353 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-353
Section 43-2-353 Revival of Pending Action Considered as Presentation
Status: in_force

The revival of any action pending against any person at the time of his or her death, which by law survives against his or her personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a presentation of the claim on which the action is founded.
Ala. Code § 43-2-236 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-236
Section 43-2-236 Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Substitution of Parties; Reopening Judgments
Status: in_force

After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgment or otherwise. He or she may in all actions previously brought against his or her administrator be substituted as defendant on proper suggestion filed by him or her, or by the plaintiff therein, but shall not be compelled to go to trial in less than three months from the time of such suggestion filed. Judgments recovered against the administrator before revocation, as aforesaid, of the letters may be reopened on application by the supposed decedent made within three months from the said revocation and supported by affidavit denying specifically on the knowledge of the affiant the cause of action or specifically alleging the existence of facts which would be a valid defense; but, if within the said three months, such application shall not be made or, being made, the facts exhibited shall be adjudged an insufficient defense, the judgment shall be conclusive to all intents, saving the defendant’s right to have it reviewed, as in other cases, by certiorari, or writ of error or by appeal, whichever is applicable under the practice then prevailing in this state with respect thereto.
Ala. Code § 43-2-555 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-555
Section 43-2-555 Stating Account or Compelling Settlement by Attachment
Status: in_force

If such outgoing executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the application of any party in interest, compel him or her or his or her sureties to do so by attachment, or may state the account against him or her or his or her sureties from the materials on file or such other information as may be accessible to the court, charging him or her or his or her personal representative or his or her sureties with such assets as may have come into the hands of such executor or administrator.
Ala. Code § 43-6-9 — Alabama Code / Title 43 / Chapter 6 / Section 43-6-9
Section 43-6-9 Duty of Probate Judge to Attend to Interest of State
Status: in_force

It is the official duty of the judge of probate of each county to attend to the interest of the state intended to be secured by the provisions of this chapter.
Ala. Code § 43-2-41 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-41
Section 43-2-41 Form
Status: in_force

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

Letters of administration on the estate of _____ (or letters of administration on the annexed will of _____, as the case may be) are hereby granted to _____, who has duly qualified and given bond as such administrator, and is authorized to administer such estate (or to execute such will, as the case may be).

Witness my hand and dated this _____day of _____, 19__.
Ala. Code § 43-8-228 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-228
Section 43-8-228 Nonexoneration
Status: in_force

A specific devise passes subject to any mortgage interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.
Ala. Code § 43-8-201 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-201
Section 43-8-201 Contest in Circuit Court After Admission to Probate - Additional Time for Contest by Infants and Persons of Unsound Mind
Status: in_force

After the expiration of such six months, the validity of the will can only be contested by infants and persons of unsound mind who had no legal guardian at the time the will was admitted to probate, or who were not represented by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or, if none be appointed, 12 months from the termination of their respective disabilities in which to contest such will, but in no case to exceed 20 years from the time the will was admitted to probate; and also provided there has not been one contest instituted and prosecuted to final judgment in the circuit court as is provided for in Sections 43-8-199 and 43-8-200; in which case the final judgment of the circuit court, court of civil appeals or supreme court shall be final and conclusive against all parties.
Ala. Code § 43-2-700 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-700
Section 43-2-700 Order and Preference of Payment of Debts
Status: in_force

When the real and personal property of any decedent is insufficient for the payment of the debts, the proceeds arising from the sale thereof must be distributed as directed by Section 43-2-371 in proportion to the amounts due to each class of creditors, in the order in such section specified.
Ala. Code § 43-8-290 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-290
Section 43-8-290 Short Title
Status: in_force

This article may be cited as the Alabama Uniform Disclaimer of Property Interests Act.
Ala. Code § 43-2-725 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-725
Section 43-2-725 Vacancy
Status: in_force

Whenever a vacancy occurs in the office of such administrator, the court, on motion of any creditor of the estate, may order another meeting of creditors, and hold another election, and make the appointment of the person elected, in all respects, as upon the first meeting of the creditors.
Ala. Code § 43-2-629 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-629
Section 43-2-629 Disposition of Personal Estate of Foreign Decedent
Status: in_force

(a) When administration is taken out in this state on the estate of any person who, at the time of his or her death, was an inhabitant of any other state or country, his or her personal estate, after the payment of debts and charges on his or her estate, must be disposed of according to his or her last will, if probated in this state and, if no such will is probated in this state, according to the law of the state or country of which he or she was an inhabitant.

(b) Upon the settlement of such estate and after the payment of all debts for which the same is liable in this state, the residue of the personal estate may be distributed and disposed of according to the provisions of subsection (a); or it may be transmitted or paid over to the executor or administrator of the state or country where the deceased had his or her domicile.
Ala. Code § 43-2-557 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-557
Section 43-2-557 Proceedings on Final Settlement of Account
Status: in_force

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his or her personal representative or, in case of his or her removal from the state, his or her sureties and show that he or she is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or may show assets not accounted for, or that such executor or administrator has failed to collect any assets from want of due diligence, or that, by any abuse of or failure to discharge his or her trust, such assets, or any portion thereof, have been injured, destroyed, or depreciated; and, in case of such proof, the executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties must be charged therewith. On such settlements, decrees must be rendered as upon like settlements voluntarily made.
Ala. Code § 43-2-455 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-455
Section 43-2-455 Advertisement of Sale
Status: in_force

When the application for the sale of land for the payment of debts or division is granted and the land directed to be sold, the executor or administrator must give notice of the day, place, and terms of sale, and a description of the property to be sold, by advertisement for three successive weeks in some newspaper published in the county where the sale is to take place; and in case of a sale of lands lying in one body, but in more than one county, such notice must be given in each of the counties. If there is no such paper published in the county or in any county in which notice is required to be given, then, as to the county having no such paper, the notice must be given by posting at the courthouse door, and at three other public places in the county. In addition to the notice prescribed in this section, the court may direct the giving of notice by printed handbills or posters, to be distributed and posted in the manner best calculated to give extended notice of the sale.
Ala. Code § 43-2-507 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-507
Section 43-2-507 Auditing of Account; Proof of Credits
Status: in_force

On the day appointed or any other day to which the settlement is continued, the court must proceed to examine and audit the account; and, on such auditing, the executor or administrator must produce satisfactory proof of the correctness of each item on the credit side of the account which may be made by the affidavit or oral examination of witnesses or by any other legal evidence.
Ala. Code § 43-2-133 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-133
Section 43-2-133 Succeeding Executor or Administrator to Be Made Party to Civil Actions
Status: in_force

When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party.
Ala. Code § 43-2-352 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-352
Section 43-2-352 Verification of Claims
Status: in_force

The presentation must be made by filing a verified claim, or a verified statement thereof, in the office of the judge of probate in which letters are granted, and the same must be docketed with a note of the date of such presentation; and, if required, a statement must be given by such judge, showing the date of presentation. Every such claim or statement thereof so presented must be verified by the oath of the claimant or some person having knowledge of the correctness thereof, and that the amount claimed is justly due, or to become due, after allowing all proper credits. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. All claims not presented within six months from the granting of letters testamentary or letters of administration shall be forever barred, and the payment or allowance thereof is prohibited. But this section shall not apply to claims of executors or administrators to compensation for their services as such, nor to sums properly disbursed by them in the course of administration.
Ala. Code § 43-2-136 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-136
Section 43-2-136 Survival of Actions for Damages to Realty
Status: in_force

All proceedings to ascertain damages done to real property survive to the executors or administrators.
Ala. Code § 43-2-842 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-842
Section 43-2-842 Persons Dealing with Personal Representative; Protection
Status: in_force

A person who, in good faith, either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of personal representatives which are endorsed on the letters, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Ala. Code § 43-8-227 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-227
Section 43-8-227 Nonademption of Specific Devises in Certain Cases; Proceeds of Sale, Condemnation, Insurance or Foreclosure; Sale by Guardian or Curator
Status: in_force

(a) A specific devisee has the right to the remaining specifically devised property and:

(1) Any balance of the purchase price (together with any security interest) owing from a purchaser to the testator at death by reason of sale of the property;

(2) Any amount of a condemnation award for the taking of the property unpaid at death;

(3) Any proceeds unpaid at death on fire or casualty insurance on the property; and

(4) Property owned by testator at his or her death as a result of foreclosure, or obtained in lieu of foreclosure, of the security for a specifically devised obligation.

(b) If specifically devised property is sold by a guardian or curator, or if a condemnation award or insurance proceeds are paid to a guardian or curator as a result of condemnation, fire, or casualty, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if after the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee under this subsection is reduced by any right he or she had under subsection (a) of this section.
Ala. Code § 43-2-442 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-442
Section 43-2-442 Authorization to Sell - in Case of Intestacy
Status: in_force

In case of intestacy, lands may be sold by the administrator for the payment of debts.
Ala. Code § 43-8-53 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-53
Section 43-8-53 Controversy as to Advancements - Contest of Answer
Status: in_force

Upon the rendition of the report or answer of the distributee or heir alleged to have received an advancement, or of his or her legal representatives or heirs, if deceased, if the executor or administrator, or any of the parties interested in such estate are not satisfied with the report or answer, on the ground that the same does not set forth all the property received or advanced, or does not set forth the true value of the property at the time it was received or advanced, or is not satisfied that the report or answer is true, then, in either case, such party may file objections thereto, stating the grounds of the objections, and the judge of probate must set a day, at such time as he or she may think proper, for hearing and determining, according to the evidence, as to the amount of property advanced, the time when advanced, and its value when received. He or she must give all the parties interested notice of such objections, and of the time set for hearing the same, by citation, if residents of this state, or if nonresidents, by publication in some newspaper published in the county, or if no paper is published in the county, then in one published in an adjoining county, once a week for three successive weeks.
Ala. Code § 43-7-1 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-1
Section 43-7-1 Short Title
Status: in_force

This chapter may be cited as the Uniform Simultaneous Death Act.
Ala. Code § 43-8-223 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-223
Section 43-8-223 Construction of Will to Pass All Property, Including After-Acquired Property
Status: in_force

A will is construed to pass all property which the testator owns at his or her death including property acquired after the execution of the will.
Ala. Code § 43-2-583 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-583
Section 43-2-583 Conduct of Hearing; When Payment or Delivery Directed
Status: in_force

On the day appointed or on any other day to which the hearing of the application may be continued, the court must hear the same; and, if it appears that the applicant is a legatee and that after the payment of his or her legacy there will be a sufficiency of assets to pay all the debts which have been presented, charges and other legacies which are entitled to priority, the court may direct the payment or delivery of such legacy, or any part thereof, according to the proof of assets and of the other legacies in the same degree with that of the applicant, on the legatee’s executing a refunding bond according to the provisions of Section 43-2-584.
Ala. Code § 43-8-199 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-199
Section 43-8-199 Contest in Circuit Court After Admission to Probate - Generally
Status: in_force

Any person interested in any will who has not contested the same under the provisions of this article, may, at any time within the six months after the admission of such will to probate in this state, contest the validity of the same by filing a complaint in the circuit court in the county in which such will was probated.
Ala. Code § 43-2-660 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-660
Section 43-2-660 When Presumption Arises
Status: in_force

When the administration of the estate of a deceased person shall be pending in any court, and the records of such court shall show that letters testamentary or letters of administration on such estate were issued and that 20 years or more have elapsed since six months after such letters were issued, without further action in said cause, or if any further action was taken in said cause, and 20 or more years have elapsed since any such action, and if all bequests and legacies provided for in a will being administered in such cause have been payable or demandable for more than 20 years, and if the executor or administrator in such cause shall not for 20 or more years have made any payment or partial payment or promise of payment of any claim against such estate or of any bequest, devise or distributive share due from such estate, then it shall be conclusively presumed that final settlement of said estate has been made by the executor or administrator thereof and that all debts of said estate, all legacies and bequests due by said estate, and all distributive shares in said estate have been paid to the persons entitled thereto.
Ala. Code § 43-8-52 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-52
Section 43-8-52 Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee
Status: in_force

In case of the death of any distributee or heir alleged to have received advancements, his or her legal representatives or heirs at law shall be required to report or answer in the same manner as set forth in Section 43-8-51; and if they are residents of this state, notice must be given by citation, and if nonresidents, by publication, as provided for in cases embraced in Section 43-8-51. If any of the heirs at law of such deceased distributee or heir are minors or persons of unsound mind, the probate court must appoint a suitable guardian ad litem for them, who shall deny the allegation contained in such application, and demand proof thereof.
Ala. Code § 43-2-697.01 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-697.01
Section 43-2-697.01 Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees
Status: in_force

(a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator and issue letters of administration, pursuant to the timing limitations of Section 43-2-43.

(b) The petition shall contain all of the following information:

(1) The date the recipient died.

(2) An explanation of why the petition is filed in the proper court in accordance with Section 43-2-40.

(3) A listing of the recipient’s personal and real property of which the Medicaid Agency is aware.

(4) A listing of the recipient’s debts of which the agency is aware.

(5) A listing of the recipient’s possible heirs, including contact information, if known, of which the agency is aware.

(c) If the Medicaid Agency is not aware of information listed in subsection (b), the agency shall describe each piece of information that it lacks.

(d) If the petition contains the information required in subsection (b), or statements in accordance with subsection (c), the court shall appoint a third party administrator in accordance with Section 43-2-42, and require that administrator to procure a bond in accordance with Article 4 of this chapter. Once the court is satisfied that an appropriate bond has been procured, the court shall issue letters of administration to the administrator.

(e) The administrator shall be compensated in accordance with Section 43-2-848.

(f) When appointing an administrator pursuant to this section, the probate court shall not appoint an employee of the Medicaid Agency as an administrator of the estate of a Medicaid recipient.

(g) The filing fee for the filing of the Medicaid Agency’s petition under this section shall be considered part of the fees and charges of administration and shall be paid back to the agency without the filing of an additional claim.
Ala. Code § 43-2-299 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-299
Section 43-2-299 Removal or Additional Bond on Motion of Court
Status: in_force

Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he or she may cause a citation to be served on such executor or administrator, requiring him or her to appear on a day therein named, five days after service thereof, and show cause why he or she should not be removed, or give an additional bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor or administrator, or require him or her to give an additional bond; and, if an additional bond is required, on failure to give the same within the time prescribed the court may remove him or her.
Ala. Code § 43-2-604 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-604
Section 43-2-604 Award - Force and Effect; Execution
Status: in_force

If such award, or any part thereof, is for the payment of money, it shall, when approved and entered of record, have the force and effect of a judgment at law in favor of the person to whom the money may be awarded; and execution may issue thereon as in other cases.
Ala. Code § 43-2-43 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-43
Section 43-2-43 Renunciation or Relinquishment of Right to Administration
Status: in_force

(a) Any person entitled to administration may relinquish his or her right thereto in the same manner as executors are authorized to renounce their appointment.

(b) If no person entitled to the administration of the estate, according to the first three subdivisions of subsections (a) or (b) of Section 43-2-42, applies for letters within 40 days after the death of the intestate is known, the persons so entitled must be held to have relinquished their right to the administration.
Ala. Code § 43-2-853 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-853
Section 43-2-853 Application to Existing Estates
Status: in_force

(a) Estates filed for probate prior to January 1, 1994, the administration of which continues in effect after January 1, 1994, are unaffected by this article. Those estates continue in effect and administration continues as they existed prior to this article with all the powers and duties previously granted to the personal representative either under the will or by a court; except that a personal representative appointed prior to January 1, 1994, upon petition to and approved by the court, may be governed by this article, and in addition, have the powers and duties of a personal representative enumerated in this article and as further authorized by the court.

(b) Upon election by a previously appointed personal representative to be governed by this article, the court also may approve the bond, reduce the bond, or require additional or larger bond of the personal representative and set fees of the personal representative as provided in this article.
Ala. Code § 43-2-844 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-844
Section 43-2-844 Transactions Authorized for Personal Representatives; Prior Court Approval
Status: in_force

Unless expressly authorized by the will, a personal representative, only after prior approval of court, may:

(1) Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset.

(2) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, or raze existing or erect new party walls or buildings.

(3) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration.

(4) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term of more than one year.

(5) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(6) Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for any unpaid balance.

(7) Pay compensation of the personal representative.
Ala. Code § 43-2-313 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-313
Section 43-2-313 Oath Upon Return of Inventory
Status: in_force

On the return of the inventory, the executor or administrator must take and subscribe an oath, to be administered by the judge of probate, or any justice of the peace or notary public of the county, that such inventory is full and complete, as to the property of the decedent, which has come to his or her knowledge or possession.
Ala. Code § 43-2-503 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-503
Section 43-2-503 Filing of Account, Etc. - Liability for Failure to File Statement
Status: in_force

If such statement is not filed, the executor or administrator and his or her sureties are liable for all damages arising therefrom.
Ala. Code § 43-2-556 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-556
Section 43-2-556 Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account
Status: in_force

After stating such account, the court must issue citation to such executor or administrator or, if dead, to his or her personal representative or, in case of his or her removal from the state, to his or her sureties to appear on a day therein named and to file his or her account and vouchers for settlement, or that the account so stated will be passed, which must be served on him or her, or, if dead, on his or her personal representative or, in case of his or her removal from the state, his or her sureties at least 10 days before the day named therein; and must also give notice of such settlement by publication, as in case of final settlements voluntarily made by executors or administrators; and if, on the day named, such executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties fail to appear and file his or her accounts and vouchers for settlement, as required by law, the court must proceed to examine the account, audit and, if necessary, restate the same.
Ala. Code § 43-2-623 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-623
Section 43-2-623 Confirming or Setting Aside Distribution; When Sale May Be Directed
Status: in_force

The court, for causes shown on such exceptions, or otherwise, may set aside such distribution and direct another distribution or, if the same is just, may confirm it; or, if it appears from such report that the property cannot be equitably divided without a sale of all or some portion thereof, it may direct a sale of all or any portion of the personal property.
Ala. Code § 43-2-392 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-392
Section 43-2-392 Report
Status: in_force

The executor or administrator shall make report, in writing and under oath, of such sale or compromise within 30 days thereafter; and when such report is made, the sale or compromise may be confirmed, unless good cause is shown for setting the same aside.
Ala. Code § 43-7-4 — Alabama Code / Title 43 / Chapter 7 / Section 43-7-4
Section 43-7-4 Joint Tenants or Tenants by the Entirety
Status: in_force

Where there is no sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one half as if one had survived and one half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Ala. Code § 43-2-152 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-152
Section 43-2-152 Enforcement of Judgment Rendered Against Decedent Before His or Her Death
Status: in_force

When a judgment has been entered against a decedent before his or her death, no execution can issue thereon against his or her personal representative, except in the case provided for in Section 6-9-62; but such judgment may be revived against his or her personal representative by appropriate action or motion after the lapse of six months from the grant of letters; and Sections 43-2-709 and 43-2-810 through 43-2-812 are applicable to such proceeding.
Ala. Code § 43-8-90 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-90
Section 43-8-90 Omitted Spouse
Status: in_force

(a) If a testator fails to provide by will for his or her surviving spouse who married the testator after the execution of the will, the omitted spouse shall receive the same share of the estate he or she would have received if the decedent left no will unless it appears from the will that the omission was intentional or the testator provided for the spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.

(b) In satisfying a share provided by this section, the devises made by the will abate as provided in Section 43-8-76.
Ala. Code § 43-2-691 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-691
Section 43-2-691 Definitions
Status: in_force

For the purposes of this division, the following words and phrases have the following meanings:

(1) DECEDENT. A deceased individual who is not survived by a minor child who is not the child of the surviving spouse, if any, and whose estate is subject to summary distribution under this division.

(2) ESTATE. All the personal property of a decedent who owns no real property at the time of his or her death for which title does not pass by operation of law.

(3) PERSON. A natural person, corporation, organization, other legal entity, or any trust or trustee.

(4) PERSONAL REPRESENTATIVE. An executor, administrator, administrator with the will annexed, special administrator, and successor personal representative.

(5) SELF-PROVED WILL. A will that is self-proved in accordance with either Section 43-8-132 or 43-8-133.

(6) SMALL ESTATE. An estate having a value that does not exceed the small estate amount.

(7) SMALL ESTATE AMOUNT. The sum as adjusted from time to time based on the Consumer Price Index formula set forth in Section 43-8-116 of the homestead allowance under Section 43-8-110, exempt property under Section 43-8-111, and the family allowance under Sections 43-8-112 and 43-8-113.

(8) SUMMARY DISTRIBUTION. The procedure provided in this division to distribute the small estate of a decedent without the appointment of a personal representative.

(9) SURVIVING SPOUSE. The spouse of the decedent at the time of decedent’s death, provided the spouse is a surviving spouse under Section 43-8-252 and is not an individual claiming to be a spouse under common law, whether or not such common law marriage allegedly occurred before or after January 1, 2017.
Ala. Code § 43-2-696.01 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-696.01
Section 43-2-696.01 Relief Against Fraud; Limitations
Status: in_force

Whenever fraud had been perpetrated in connection with any proceeding or in any statement filed under this division or if fraud is used to avoid or circumvent the provisions or purposes of this division, any person injured by these actions may obtain appropriate relief against the perpetrator of the fraud or receive restitution from any person, other than a bona fide purchaser, benefiting 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 anyone who did not perpetrate the fraud later than five years after the time of the commission of the fraud. This section has no effect on remedies related to fraud perpetrated against a decedent during the decedent’s lifetime which affects the succession of the decedent’s estate.
Ala. Code § 43-2-696.02 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-696.02
Section 43-2-696.02 Adjustments to Small Estate Amount
Status: in_force

The small estate amount shall at all times be equal to the combined maximum amount of the homestead allowance, exempt property, and family allowance provided under Sections 43-8-110 through 43-8-113, as adjusted pursuant to Section 43-8-116.
Ala. Code § 43-8-112 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-112
Section 43-8-112 Family Allowance
Status: in_force

In addition to the right to homestead allowance and exempt property, if the decedent was domiciled in this state, the surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by him or her are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration, which allowance may not continue for longer than one year if the estate is inadequate to discharge allowed claims. The allowance may be paid as a lump sum or in periodic installments. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children; otherwise to the children, or persons having their care and custody; but in case any minor child or dependent child is not living with the surviving spouse, the allowance may be made partially to the child or his or her guardian or other person having his or her care and custody, and partially to the spouse, as their needs may appear. The family allowance is exempt from and has priority over all claims but does not have priority over the homestead allowance.

The family allowance is not chargeable against any benefit or share passing to the surviving spouse or children by the will of the decedent unless otherwise provided in the will, by intestate succession, or by way of elective share. The death of any person entitled to family allowance terminates his or her right to allowances not yet paid.
Ala. Code § 43-8-200 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-200
Section 43-8-200 Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment
Status: in_force

In the event a contest of the probate of a will is instituted in the circuit court, as is or may be authorized by law, all parties interested in the probate of the will, as devisees, legatees or otherwise, as well as those interested in the testator if he or she had died intestate, as heirs, distributees, or next of kin, shall be made parties to the contest; and if there be minors or persons of unsound mind interested in the estate or in the probate of the will, they shall be represented by their legal guardian, if such they have; if they have no such guardian, the court shall appoint an attorney-at-law as guardian ad litem to represent their interest in the contest, and the final judgment in such contest proceedings shall be conclusive as to all matters which were litigated or could have been litigated in such contest; and no further proceedings shall ever be entertained in any courts of this state to probate or contest the probate of such will.
Ala. Code § 43-2-372 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-372
Section 43-2-372 No Preference Among Debts of Same Class
Status: in_force

No executor or administrator must, before the expiration of six months from the grant of letters, give a preference in the payment of any debt over others of the same class; nor is a debt due and payable entitled to any preference over debts of the same class which are not due.
Ala. Code § 43-2-373 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-373
Section 43-2-373 Payment of Claims Barred by Statute of Limitations
Status: in_force

No claim against the estate of a decedent whether in favor of the personal representative or any other person, which was barred by the statute of limitations at the time of the death of such decedent, shall be paid by or allowed to the personal representative, unless the payment of such claim be expressly directed by a testator in his or her will.
Ala. Code § 43-8-55 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-55
Section 43-8-55 Against Whom Debts Owed to Decedent Charged
Status: in_force

A debt owed to the decedent is not charged against the intestate share of any person except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s issue.
Ala. Code § 43-2-747 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-747
Section 43-2-747 Objections
Status: in_force

At any time within six months after the declaration of insolvency, the administrator or any creditor, heir, legatee, devisee, or distributee may object to the allowance of any claim filed against the estate by filing objections thereto in writing; and, thereupon, the court must cause an issue to be made up between the claimant and objector, in which issue the correctness of such claim must be tried as in a civil action, if required; and, if it is found for the claimant to the whole amount thereof, the same must be allowed and such claimant recover the costs of the trial of such issue; but, if against the claimant, the claim must be rejected, and the party contesting recovers the cost of the trial of such issue.
Ala. Code § 43-2-850 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-850
Section 43-2-850 Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate
Status: in_force

On petition or appropriate motion of an interested person, and after notice to all interested persons, the propriety of employment of any person by a personal representative including any attorney, auditor (who may include certified public accountants, public accountants, or internal auditors), investment advisor, or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for the personal representative’s own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.
Ala. Code § 43-2-174 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-174
Section 43-2-174 Resignation and Removal - Appointment of Successor
Status: in_force

Upon the resignation or removal of a general administrator from office, the judge of the probate court of the proper county must proceed to appoint some other suitable person general administrator for such county, who shall give bond as required by law, and administer on such estates as may be committed to his or her charge by the probate court of his or her county.
Ala. Code § 43-8-46 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-46
Section 43-8-46 Inheritance by Relatives of Half Blood
Status: in_force

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Ala. Code § 43-8-214 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-214
Section 43-8-214 Venue of Proceedings
Status: in_force

(a) Where a proceeding under this division could be maintained in more than one place in this state, the probate court in which the proceeding is first commenced has the exclusive right to proceed.

(b) If proceedings concerning the same estate are commenced in more than one probate court of this state, the probate court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided; and if the ruling probate court determines that venue is properly in another court, it shall transfer the proceeding to the other probate court.

(c) If a probate court finds that in the interest of justice a proceeding or a file should be located in another probate court of this state, the court making the finding may transfer the proceeding or file to the other probate court.
Ala. Code § 43-2-602 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-602
Section 43-2-602 Appointment of Arbitrators
Status: in_force

The arbitrators must not exceed three in number and must be entirely disinterested and must be appointed by order of the probate court.
Ala. Code § 43-2-741 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-741
Section 43-2-741 Time and Manner of Filing Claims - Time Allowed Certain Minors and Persons of Unsound Mind
Status: in_force

The provisions of Section 43-2-740, as to the time within which claims are to be filed, do not apply to infants and persons of unsound mind who have no legal guardian at the time of the declaration of insolvency; but such minors and persons of unsound mind are allowed six months after the appointment of a guardian or, if none be appointed, six months after the removal of their respective disabilities in which to file their claims.
Ala. Code § 43-2-414 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-414
Section 43-2-414 Hours of Sale
Status: in_force

Such sale must not commence before 11:00 A.M., nor continue longer than 4:00 P.M.; and, if not completed within those hours, it may be continued from day to day.
Ala. Code § 43-8-58 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-58
Section 43-8-58 Share of Persons Related to Decedent through Two Lines
Status: in_force

A person who is related to the decedent through two lines of relationship is entitled to only a single share, based on the relationship which would entitle him or her to the larger share.
Ala. Code § 43-2-252 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-252
Section 43-2-252 Execution on Money Decree or Judgment
Status: in_force

When such decree or judgment is for the recovery of money and the estate has no executor or administrator, execution shall issue thereon in favor of the administrator ad litem for the use of the estate, and the money, when collected, shall be paid by the officer to the judge of the probate court, or to the clerk or register of the circuit or other court having jurisdiction, from which the execution issued. The party against whom such decree or judgment is rendered may pay the same to such judge, clerk, or register, before the issue of execution, whose receipt to him or her therefor shall be a full discharge of such decree or judgment.
Ala. Code § 43-2-550 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-550
Section 43-2-550 Final Settlement Required Following Death, Removal or Resignation of Executor or Administrator
Status: in_force

When an executor or administrator dies, resigns, or is removed, or his or her letters are revoked, or his or her authority ceases from any cause, he or she must within one month after his or her authority ceases or, in case of his or her death, his or her personal representative must or, in case of his or her removal from the state, his or her sureties must, within six months after the grant of letters, file his or her accounts, vouchers and statement of heirs and legatees for and must make final settlement of the administration of, such executor or administrator, of which settlement notice must be given in the same manner; and such settlement must be conducted and governed, except as otherwise provided in this article, by the same rules and provisions of law as other final settlements by executors or administrators.
Ala. Code § 43-2-628 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-628
Section 43-2-628 Discharge of Executor or Administrator from Liability
Status: in_force

When the estate has been fully administered and it is shown by the executor or administrator, by the production of satisfactory vouchers, that he or she has paid all sums of money due from him or her and delivered up, under the order of the court, all the property of the estate to the parties entitled and performed all the acts lawfully required of him or her, the court must make a judgment or decree discharging him or her from all liability as such executor or administrator.
Ala. Code § 43-8-134 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-134
Section 43-8-134 Who May Witness Will
Status: in_force

(a) Any person generally competent to be a witness may act as a witness to a will.

(b) A will or any provision thereof is not invalid because the will is signed by an interested witness.
Ala. Code § 43-2-418 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-418
Section 43-2-418 Completion, Gathering and Sale of Crops Commenced by Decedent
Status: in_force

Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom, is assets in his or her hands, and may be sold by him or her at private sale, either in or out of the state.
Ala. Code § 43-8-2 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-2
Section 43-8-2 Construction of Chapter; Purposes and Policies
Status: in_force

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b) The underlying purposes and policies of this chapter are:

(1) To simplify and clarify the law concerning the affairs of decedents;

(2) To discover and make effective the intent of a decedent in the distribution of his or her property.
Ala. Code § 43-2-690 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-690
Section 43-2-690 Short Title
Status: in_force

This division shall be known as the “Revised Alabama Small Estates Act.”
Ala. Code § 43-8-297 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-297
Section 43-8-297 Uniformity of Application and Construction
Status: in_force

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it. It is the intent of the legislature of the State of Alabama by this article to clarify the laws of this state with respect to the subject matter hereof in order to ensure the ability of persons to disclaim interests in property without the imposition of federal and state estate, inheritance, gift, and transfer taxes. This article is to be interpreted and construed in accordance with, and in furtherance of, that intent.
Ala. Code § 43-2-811 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-811
Section 43-2-811 Special Plea of Insolvency
Status: in_force

The executor or administrator may, at any time before judgment, plead specially that the estate has been declared insolvent; and, in such case, the other issues must be tried and judgment entered thereon.
Ala. Code § 43-2-502 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-502
Section 43-2-502 Filing of Account, Etc. - Generally
Status: in_force

In making settlements of an administration, the executor or administrator must proceed as follows:

He or she must make out an account between himself or herself and the estate he or she represents, charging himself or herself with all the assets of the deceased which have come into his or her possession, except the lands, and crediting himself or herself with all the credits he or she is by law entitled to; which account, verified by his or her oath, must be filed with the judge of probate of the court having jurisdiction.

With such account he or she must also file written evidence in his or she possession, on which he or she relies to sustain the credit side of such account, which may consist of an affidavit or any other legal evidence, in the discretion of the executor or administrator.

He or she must, at the same time, file a statement, on oath, of the names of the heirs and legatees of such estate, specifying particularly which are under the age of 19 years; and, if any of them are persons of unsound mind, it must be stated; but if the names, ages, or condition of such heirs or legatees are unknown and they reside out of the state, they may be made parties as unknown heirs or legatees.

He or she must state the sum of funds of the estate which he or she has used for his or her own benefit, the time and the profit resulting from such use, if over legal interest, or, if he or she has not so used any of the funds of the estate for his or her own benefit, he or she must expressly deny on oath that he or she has so used such funds, and any party interested in the the estate may contest the same.

He or she shall be allowed all reasonable premiums paid on his or her bond as administrator or executor.
Ala. Code § 43-8-166 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-166
Section 43-8-166 Notice to Surviving Spouse and Next of Kin - Persons Outside State
Status: in_force

If either the surviving spouse or next of kin reside and are without the state, notice of such application must be given by publication once a week for three successive weeks in a newspaper published in the county in which such application is made, and if no paper is published therein, by posting of the same at the courthouse three weeks before such application is heard. In lieu of the notice herein provided, notice may be had on such persons as provided by the Alabama Rules of Civil Procedure.
Ala. Code § 43-2-47 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-47
Section 43-2-47 Special Administrator Ad Colligendum
Status: in_force

(a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing the collection and preservation by him or her of the goods of the deceased until letters testamentary or of administration have been duly issued.

(b) Every such special administrator has authority to collect the goods and chattels of the estate and debts of the deceased, to give receipts for moneys collected, to satisfy liens and mortgages paid to him or her, and to secure and preserve such goods and chattels at such expense as may be deemed reasonable by the probate court; and for such purposes, he or she may maintain civil actions as administrator.

(c) Such special administrator may also, under the direction of the probate court, sell such goods as are perishable or wasting, after the same have been appraised, upon such notice as the judge of probate may prescribe.

(d) Upon the grant of letters testamentary or of administration, the authority of such special administrator ceases, and on demand he or she must deliver to the rightful executor or administrator all the assets of the deceased which may be in his or her hands and render an account on oath of all his or her proceedings to the probate court.
Ala. Code § 43-2-311 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-311
Section 43-2-311 Testator May Exempt Executor from Filing Inventory or Making Report or Final Settlement
Status: in_force

Any testator may, by express provision in his or her will to that effect, exempt an executor from filing an inventory or making any report or final settlement, and when such provision is made, such inventory, report or final settlement shall not be required except in the following cases:

(1) When any executor, heir, legatee, or other person interested in the estate makes affidavit showing his or her interest, and alleging that such interest is or will be endangered for want of security.

(2) When, in the opinion of the judge of the court having jurisdiction of the estate, the estate is likely to be wasted, to the prejudice of any person interested therein.
Ala. Code § 43-2-701 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-701
Section 43-2-701 Report of Insolvency - Generally
Status: in_force

Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he or she must file with the judge of probate of the court having jurisdiction of the estate a report in writing that such estate is, to the best of his or her knowledge and belief, insolvent.
Ala. Code § 43-2-645 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-645
Section 43-2-645 Refunding Bonds - Required; Terms and Conditions
Status: in_force

Such order must not in any case be made, unless the applicant gives a refunding bond, with two sufficient sureties, to be approved by the judge of probate, payable to the administrator, in double the amount distributed to the applicant or in double the value of his or her share of the property directed to be distributed, to be ascertained by the appraisement or other evidence and entered of record, and conditioned to refund the amount directed to be paid, or to return the property received on such distribution, or to pay the value thereof and interest on such amount or value from the time the same was received, if the assets are insufficient to discharge the debts and charges against the estate.
Ala. Code § 43-8-252 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-252
Section 43-8-252 Effect of Divorce, Annulment, or Decree of Separation
Status: in_force

(a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separation that does not terminate the status of husband and wife is not a divorce for purposes of this section.

(b) For purposes of Sections 43-2-690 through 43-2-696.02, 43-8-40 through 43-8-49, 43-8-55 through 43-8-58, 43-8-70 through 43-8-76, 43-8-90, 43-8-91, and 43-8-110 through 43-8-113, a surviving spouse does not include:

(1) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this state, unless they subsequently remarry;

(2) An individual who, following a decree or judgment of divorce or annulment obtained by the decedent, marries a third person; or

(3) An individual who is a party to a valid proceeding concluded by an order purporting to terminate all marital property rights.
Ala. Code § 43-2-332 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-332
Section 43-2-332 When Distributed Share Kept and Worked with Undivided Portion of Estate
Status: in_force

When a share or shares of real or personal property of any decedent is or are set apart or distributed to any widow, heir at law, or distributee of such decedent, and it appears to the satisfaction of the court that it is to the interest of the parties interested in the estate that such share or shares should be kept and worked together with such estate remaining undivided, the probate court, upon the application of the executor or administrator, and of the owner or owners of such share or shares, may order the executor or administrator to keep such share or shares, and work the same, together with the estate remaining undivided, for a term not exceeding 10 years; but such order must not be granted, if in conflict with the will of the testator.
Ala. Code § 43-2-564 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-564
Section 43-2-564 Settlement by Sureties of Deceased Executor or Administrator - Execution Against Sureties
Status: in_force

Execution and all other final process may issue against the said sureties on said bond to enforce said judgments.
Ala. Code § 43-2-837 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-837
Section 43-2-837 Duty of Personal Representative; Possession of Estate
Status: in_force

Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. A request in writing by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, receive the income therefrom, and pay the expenses reasonably necessary for the management, protection, and preservation of, the estate in the possession of the personal representative. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
Ala. Code § 43-2-603 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-603
Section 43-2-603 Award - Generally
Status: in_force

The arbitrators must make their award in writing, and, within 10 days after making the same, they must return it to such court; and, if approved by the court, it must be entered of record and shall be final and conclusive upon all the parties. But such award must not be approved until after the expiration of 10 days from the time it is returned to the court.
Ala. Code § 43-8-175 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-175
Section 43-8-175 Probate of Foreign Will
Status: in_force

When the testator was not, at the time of his or her death, an inhabitant of this state, but was an inhabitant of some other state or territory of the United States of America, or of some other territory, district, or country subject to the jurisdiction of the United States of America, and his or her will has been duly proved in any other state of the United States of America, or in any territory, district, or country subject to the jurisdiction of the United States of America, it may be admitted to probate in the proper court of this state in the manner following: If the will has been admitted to probate out of the State of Alabama, but within another state of the United States of America, or within any territory, district, or country subject to the jurisdiction of the United States of America, such will, or copy of the same, and the probate thereof must be certified and authenticated as provided in 28 U.S.C.A., §1738. Upon the presentation to the probate judge of any such will, already admitted to probate out of the State of Alabama, but in another state of the United States of America, or in any territory, district, or country subject to the jurisdiction of the United States of America, authenticated as herein provided for, he or she shall, without notice or further proceedings, enter a decree admitting said will to probate, and shall record the same, together with a certificate of probate, in a record kept for that purpose. If the will has been admitted to probate elsewhere than in some other state of the United States of America, or some territory, district, or country subject to the jurisdiction of the United States of America, if such will purports or undertakes to dispose of, or if it has the effect of disposing of, any land or real estate situated within the State of Alabama, such will, in order to be valid to that end, shall be probated in all respects, including notice to the next of kin of the testator or testatrix, as wills are required to be probated in the courts of the State of Alabama, upon original proceedings to probate wills in this state, and shall be subject to be contested and controverted in the same manner as wills are subject to be contested and controverted when offered or propounded for original probate and record in the courts of this state. If the will has been admitted to probate elsewhere than in some other state of the United States of America, or some territory, district, or country subject to the jurisdiction of the United States of America, if such will purports or undertakes to dispose of, or if it has the effect of disposing of, any personal property situated within the State of Alabama, such will, in order to be valid to that end, shall be probated in all respects, including notice to the next of kin of the testator or testatrix, as wills are required to be probated in the courts of the State of Alabama, upon original proceedings to probate wills in this state, and shall be subject to be contested and controverted when offered or propounded for original probate and record in the courts of this state.
Ala. Code § 43-8-50 — Alabama Code / Title 43 / Chapter 8 / Section 43-8-50
Section 43-8-50 Controversy as to Advancements - How Issue Made Up and Tried
Status: in_force

Controversies as to advancements are cognizable before the probate court, on the application, either of a party who has received an advancement, or of a party in interest, who alleges that an advancement has been made; and upon demand of either party, an issue in writing shall be made up under the direction of the court and tried by a jury as in other cases of contested fact.
Ala. Code § 43-2-624 — Alabama Code / Title 43 / Chapter 2 / Section 43-2-624
Section 43-2-624 How Sale Advertised and Made
Status: in_force

Such a sale must be advertised and made as sales of personal property under the order of the court for the payment of debts.