reglab/housing_qa huggingface dataset:
AL Code § 43-2-846 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-846 - Co-Representatives; When Joint Action Required.

Section 43-2-846Co-representatives; when joint action required. If two or more persons are appointed co-representatives and unless the will provides otherwise, the concurrence of all is required on all acts connected with the administration and distribution of the estate. This restriction does not apply: (i) when any co-representative receives and receipts for property due the estate; (ii) when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate; or (iii) when a co-representative has been delegated to act for the others. Persons dealing with a co-representative, if actually unaware that another has been appointed to serve as co-representative or if advised by the personal representative with whom they deal that the personal representative has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative. (Acts 1993, No. 93-722, p. 1411, §17.)
AL Code § 43-2-847 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-847 - Powers of Surviving Personal Representative.

Section 43-2-847Powers of surviving personal representative. Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as personal co-representatives is not appointed, those appointed may exercise all the powers incident to the office. (Acts 1993, No. 93-722, p. 1411, §18.)
AL Code § 43-2-848 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-848 - Compensation of Personal Representative.

Section 43-2-848Compensation of personal representative. (a) A personal representative is entitled to reasonable compensation for services as may appear to the court to be fair considering such factors that may 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. (Acts 1993, No. 93-722, p. 1411, §19.)
AL Code § 43-2-849 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-849 - Expenses in Estate Litigation.

Section 43-2-849Expenses in estate litigation. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, the personal representative is entitled to receive from the estate necessary expenses and disbursements, including, but not limited to, reasonable attorneys' fees incurred. (Acts 1993, No. 93-722, p. 1411, §20.)
AL Code § 43-2-850 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-850 - Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate.

Section 43-2-850Proceedings for review of employment of agents and compensation of personal representatives and employees of estate. On petition or appropriate motion of an interested person, and after notice to all interested persons, the propriety of employment of any person by a 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. (Acts 1993, No. 93-722, p. 1411, §21.)
AL Code § 43-2-851 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-851 - Bond.

Section 43-2-851Bond. (a) The court must require a personal representative or special administrator to furnish bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the personal representative's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land. (b) The court may at any time reduce the bond of the personal representative or require the personal representative to provide additional or larger bond as may seem to be proper or necessary to protect the estate and the interests of persons interested in the estate. (c) Any individual, who is authorized under Chapter 2 of Title 43, to nominate a personal representative by will, may, by express provision in the will, exempt the personal representative from giving bond; and when a provision to that effect is made, the bond must not be required except in the following cases: (1) When any guardian, conservator, guardian ad litem, other fiduciary, or any person interested in the estate of the decedent makes an affidavit, showing the affiant's interest and alleging that the interest is, or will be, endangered for want of security. (2) When, in the opinion of the court, on its own motion, the estate is likely to be wasted, to the prejudice of any person interested therein. (d) In the cases provided for by subsection (c), upon application for the personal representative to give bond, the personal representative may show cause against applications of the exceptions and must have notice as the court may deem reasonable; but if the personal representative is not in the state, the application may be heard and determined without notice. (Acts 1993, No. 93-722, p. 1411, §22; Acts 1995, No. 95-255, p. 427, §1.)
AL Code § 43-2-852 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-852 - Terms and Requirements of Bonds.

Section 43-2-852Terms and requirements of bonds. (a) The following requirements and provisions apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally liable with the personal representative and with each other. (2) By executing an approved bond of a personal representative, the surety consents to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the personal representative and naming the surety as a party respondent. Notice of any proceeding must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner. (3) On petition of a successor personal representative or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the personal representative. (4) The bond of the personal representative is not void after the first recovery, but may be proceeded against from time to time until the whole penalty is exhausted. (b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation. (Acts 1993, No. 93-722, p. 1411, §23.)
AL Code § 43-2-853 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-853 - Application to Existing Estates.

Section 43-2-853Application to existing estates. (a) Estates filed for probate prior to January 1, 1994, the administration of which continues in effect after January 1, 1994, are unaffected by this 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. (Acts 1993, No. 93-722, p.1411, §25.)
AL Code § 43-2-854 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 20 - Probate Procedure Act.|Section 43-2-854 - Avoiding Conflicts of Law.

Section 43-2-854Avoiding conflicts of law. Nothing contained in this article shall be construed to abrogate any right, authority, or discretion conferred upon a personal representative or other fiduciary under any other law. (Acts 1993, No. 93-722, p.1411, §26.)
AL Code § 43-8-2 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-2 - Construction of Chapter; Purposes and Policies.

Section 43-8-2Construction of chapter; purposes and policies. (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 property. (Acts 1982, No. 82-399, §1-102.)
AL Code § 43-8-3 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-3 - Supplementary Effect of Principles of Law and Equity.

Section 43-8-3Supplementary effect of principles of law and equity. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions. (Acts 1982, No. 82-399, §1-103.)
AL Code § 43-8-4 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-4 - Construction Against Implied Repeal.

Section 43-8-4Construction against implied repeal. 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. (Acts 1982, No. 82-399, §1-105.)
AL Code § 43-8-5 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-5 - Relief Against Fraud; Limitations.

Section 43-8-5Relief against fraud; limitations. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within one year after the discovery of the fraud or from the time when the fraud should have been discovered, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of the commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate. (Acts 1982, No. 82-399, §1-106.)
AL Code § 43-8-6 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-6 - Rules of Evidence; Evidence as to Death or Status; Presumption of Death.

Section 43-8-6Rules of evidence; evidence as to death or status; presumption of death. In proceedings under this chapter the rules of evidence in courts of general jurisdiction including any relating to simultaneous deaths, are applicable unless specifically displaced by the chapter. In addition, the following rules relating to determination of death and status are applicable: (1) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent; (2) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report; (3) A person who is absent for a continuous period of five years, during which he has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry is presumed to be dead. His death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. (Acts 1982, No. 82-399, §1-107.)
AL Code § 43-8-7 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-7 - Effect of Acts by Holder of General Power of Appointment, etc., on Beneficiaries.

Section 43-8-7Effect of acts by holder of general power of appointment, etc., on beneficiaries. For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or otherwise) are subject to the power. (Acts 1982, No. 82-399, §1-108.)
AL Code § 43-8-8 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-8 - Effective Date; Transition Provisions.

Section 43-8-8Effective date; transition provisions. (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. (Acts 1982, No. 82-399, §8-101.)
AL Code § 43-8-9 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 1 - General Provisions.|Section 43-8-9 - Savings Provision for Counties of Jefferson and Mobile.

Section 43-8-9Savings provision for counties of Jefferson and Mobile. No provision of this chapter shall be construed to void, alter, or modify, when invoked, the equity jurisdiction or powers of Jefferson and Mobile counties. (Acts 1982, No. 82-399, §8-103.)
AL Code § 43-8-20 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 2 - Applicability, Jurisdiction and Venue, and Implied Oath.|Section 43-8-20 - Applicability of Chapter.

Section 43-8-20Applicability of chapter. 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. (Acts 1982, No. 82-399, §1-301.)
AL Code § 43-8-21 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 2 - Applicability, Jurisdiction and Venue, and Implied Oath.|Section 43-8-21 - Venue; Multiple Proceedings; Transfer.

Section 43-8-21Venue; multiple proceedings; transfer. (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. (Acts 1982, No. 82-399, §1-303.)
AL Code § 43-8-22 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 2 - Applicability, Jurisdiction and Venue, and Implied Oath.|Section 43-8-22 - Filed Documents Deemed to Include Oath or Affirmation.

Section 43-8-22Filed documents deemed to include oath or affirmation. Except as otherwise specifically provided in this chapter or by rule, every document filed with the court under this chapter including applications, petitions, and demands for notice, shall be deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows and penalties for perjury may follow deliberate falsification therein. (Acts 1982, No. 82-399, §1-310.)
AL Code § 43-8-40 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-40 - Intestate Estate Generally.

Section 43-8-40Intestate estate generally. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this chapter. (Acts 1982, No. 82-399, §2-101.)
AL Code § 43-8-41 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-41 - Share of the Spouse.

Section 43-8-41Share of the spouse. The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter. (Acts 1982, No. 82-399, §2-102.)
AL Code § 43-8-42 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 8 - Probate Code.|Article 3 - Intestate Succession.|Section 43-8-42 - Share of Heirs Other Than Surviving Spouse.

Section 43-8-42Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half. (Acts 1982, No. 82-399, §2-103.)