reglab/housing_qa huggingface dataset:
AL Code § 43-2-416 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-416 - When Bid Rejected and Sale Postponed.

Section 43-2-416When bid rejected and sale postponed. When the highest amount bid for the property, or any part thereof, is, in the opinion of the executor or administrator, greatly less than its fair value, he may withdraw the property and postpone the sale. (Code 1896, §148; Code 1907, §2612; Code 1923, §5839; Code 1940, T. 61, §234.)
AL Code § 43-2-417 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-417 - Resale Upon Failure of Purchaser to Comply With Terms; Liability for Deficiency.

Section 43-2-417Resale upon failure of purchaser to comply with terms; liability for deficiency. If the purchaser fails to comply with the terms of the sale, the executor or administrator may again proceed to advertise and sell the property. If, on another and a completed sale, the property sells for a less sum than the amount bid at the former sale, the purchaser so in default is liable to the executor, administrator or any person damaged for the deficiency, and also the expense of the sale. (Code 1896, §149; Code 1907, §2613; Code 1923, §5840; Code 1940, T. 61, §235.)
AL Code § 43-2-418 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-418 - Completion, Gathering and Sale of Crops Commenced by Decedent.

Section 43-2-418Completion, gathering and sale of crops commenced by decedent. Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom, is assets in his hands, and may be sold by him at private sale, either in or out of the state. (Code 1852, §§1750, 1901; Code 1867, §§2073, 2261, 2262; Code 1876, §§2439, 2440, 2441; Code 1886, §2098; Code 1896, §150; Code 1907, §2614; Code 1923, §5841; Code 1940, T. 61, §236.)
AL Code § 43-2-419 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-419 - Sale of Farm Products.

Section 43-2-419Sale of farm products. All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him at public or private sale, at the reasonable market value, either in or out of the state. (Code 1923, §5842; Code 1940, T. 61, §237.)
AL Code § 43-2-420 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-420 - Assignment or Transfer of Mortgages, Notes or Accounts.

Section 43-2-420Assignment or transfer of mortgages, notes or accounts. Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes or accounts belonging to a decedent, provided he receives the full amount due thereon, and provided said mortgages, notes or accounts shall have been entered on the inventory returned to the court. (Code 1923, §5835; Code 1940, T. 61, §238.)
AL Code § 43-2-421 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-421 - Stock in Trade.

Section 43-2-421Stock in trade. (a) When any person engaged in mercantile business dies, leaving a stock of goods, wares and merchandise, and leaving no surviving partner in such business, the executor or administrator of his 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 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. (Code 1867, §§2074, 2075; Code 1876, §§2442, 2443; Code 1886, §§2099, 2100; Code 1896, §§151, 152; Code 1907, §§2615, 2616; Code 1923, §§5843, 5844; Code 1940, T. 61, §§239, 240.)
AL Code § 43-2-422 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 16 - Sale of Personal Property.|Section 43-2-422 - Returns of Accounts of Sales.

Section 43-2-422Returns of accounts of sales. All accounts of sales of personalty made by the executor or administrator must be returned on oath, within 30 days after such sale, and must be recorded; and such returns may be compelled by attachment. (Code 1852, §1753; Code 1867, §2078; Code 1876, §2445; Code 1886, §2101; Code 1896, §153; Code 1907, §2617; Code 1923, §5845; Code 1940, T. 61, §241.)
AL Code § 43-2-830 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-830 - Devolution of Estate at Death; Restrictions.

Section 43-2-830Devolution of estate at death; restrictions. (a) Upon the death of a person, decedent's real property devolves to the persons to whom it is devised by decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate, or in the absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving renunciation or other circumstances affecting devolution of intestate estates. (b) Decedent's personal property devolves to the personal representative to be distributed to: (1) Those persons to whom it is devised by the testator's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate; or (2) In the absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving renunciations or other circumstances affecting devolution of intestate estates. (c) The devolution of a decedent's property, real and personal, is subject to homestead allowance, exempt property, family allowance, rights of creditors, elective share of the surviving spouse, and to administration. (Acts 1993, No. 93-722, p. 1411, §1.)
AL Code § 43-2-831 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-831 - Time of Accrual of Duties and Powers.

Section 43-2-831Time of accrual of duties and powers. The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative. (Acts 1993, No. 93-722, p. 1411, §2.)
AL Code § 43-2-832 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-832 - Priority Among Different Letters.

Section 43-2-832Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until the appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed personal representative may recover any property of the estate in the hands of the personal representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment. (Acts 1993, No. 93-722, p. 1411, §3.)
AL Code § 43-2-833 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-833 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue.

Section 43-2-833General duties; relation and liability to persons interested in estate; standing to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the terms of the will, the personal representative shall observe the standards in dealing with the estate that would be observed by a prudent person dealing with the property of another. If the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon personal representatives by law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate. (b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a proceeding questioning the personal representative's appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor or dependent child, and any pretermitted child of the decedent. (c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death. (Acts 1993, No. 93-722, p. 1411, §4.)
AL Code § 43-2-834 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception.

Section 43-2-834Personal representative to proceed without court order; exception. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate, and except as otherwise specified by law or ordered by the court, shall do so without adjudication, order, or direction of the court, but the personal representative may invoke the jurisdiction of the court to resolve any questions concerning the estate or its administration. (Acts 1993, No. 93-722, p. 1411, §5.)
AL Code § 43-2-835 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement.

Section 43-2-835Duty of personal representative; inventory and appraisement. (a) Within two months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged 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. (Acts 1993, No. 93-722, p. 1411, §6.)
AL Code § 43-2-836 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory.

Section 43-2-836Duty of personal representative; supplementary inventory. If any property not included in the initial inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the initial inventory for any item is erroneous or misleading, the personal representative shall make a supplement to the initial inventory or appraisement showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the initial inventory was filed, or furnish copies thereof to persons interested in the new information. (Acts 1993, No. 93-722, p. 1411, §7.)
AL Code § 43-2-837 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-837 - Duty of Personal Representative; Possession of Estate.

Section 43-2-837Duty of personal representative; possession of estate. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, 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. (Acts 1993, No. 93-722, p. 1411, §8.)
AL Code § 43-2-838 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-838 - Power to Avoid Transfers.

Section 43-2-838Power to avoid transfers. The property liable for the payment of unsecured debts of a decedent includes all property transferred by the decedent by any means which is in 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. (Acts 1993, No. 93-722, p. 1411, §9.)
AL Code § 43-2-839 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-839 - Powers of Personal Representatives; in General.

Section 43-2-839Powers of personal representatives; in general. Until termination of the appointment, a personal representative has the same power over the title to property of the estate, subject to Sections 43-2-843 and 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. (Acts 1993, No. 93-722, p. 1411, §10.)
AL Code § 43-2-840 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty.

Section 43-2-840Improper exercise of power; breach of fiduciary duty. If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach 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. (Acts 1993, No. 93-722, p. 1411, §11.)
AL Code § 43-2-841 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-841 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions.

Section 43-2-841Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions. Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative 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. (Acts 1993, No. 93-722, p. 1411, §12.)
AL Code § 43-2-842 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-842 - Persons Dealing With Personal Representative; Protection.

Section 43-2-842Persons dealing with personal representative; protection. A person who, in good faith, either assists a personal representative or deals with the personal representative for value is protected as if the personal 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. (Acts 1993, No. 93-722, p. 1411, §13.)
AL Code § 43-2-844 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval.

Section 43-2-844Transactions authorized for personal representatives; prior court approval. Unless expressly authorized by the will, a personal representative, only after prior approval of court, may: (1) Acquire or dispose of an asset, including land 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. (Acts 1993, No. 93-722, p. 1411, §15.)
AL Code § 43-2-845 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-845 - Powers and Duties of Successor Personal Representative.

Section 43-2-845Powers and duties of successor personal representative. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but a successor personal representative shall not exercise any power expressly made personal to the personal representative named in the will. (Acts 1993, No. 93-722, p. 1411, §16.)