reglab/housing_qa huggingface dataset:
AL Code § 43-2-720 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-720 - When Creditors May Make Nomination; Who May Be Nominated.

Section 43-2-720When creditors may make nomination; who may be nominated. On the day appointed for the settlement of the administration of an estate declared insolvent or on any day to which the same is continued, 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. (Code 1852, §1840; Code 1867, §2189; Code 1876, §2561; Code 1886, §2231; Code 1896, §299; Code 1907, §2767; Code 1923, §6006; Code 1940, T. 61, §393.)
AL Code § 43-2-721 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-721 - Voting Procedure Generally; Proof of Claims Required.

Section 43-2-721Voting procedure generally; proof of claims required. (a) In making the nomination, each creditor, in person or represented, votes as follows: (1) On claims held by any one creditor, not exceeding in the aggregate $1,000.00, one vote for each $100.00; and (2) On claims held by any one creditor, exceeding in the aggregate $1,000.00, 10 votes for the first $1, 000.00, and one for every additional $500.00. (b) Every creditor is entitled to one vote, and no creditor to more than 20. (c) The nomination must be made in the presence and under the direction of the court. The amount of claims held by any creditor must be proved by affidavit, as required by section 43-2-352. The court may require other evidence of the correctness and amount of the claim. (Code 1852, §§1841, 1842; Code 1867, §§2190, 2191; Code 1876, §§2562, 2563; Code 1886, §§2232, 2233; Code 1896, §§300, 301; Code 1907, §§2768, 2769; Code 1923, §§6007, 6008; Code 1940, T. 61, §§394, 395.)
AL Code § 43-2-722 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-722 - Person Receiving Plurality Appointed Administrator.

Section 43-2-722Person receiving plurality appointed administrator. The person receiving a plurality of votes must be appointed by the court administrator of the property, rights and credits of the estate unadministered. (Code 1852, §1843; Code 1867, §2192; Code 1876, §2564; Code 1886, §2234; Code 1896, §302; Code 1907, §2770; Code 1923, §6009; Code 1940, T. 61, §396.)
AL Code § 43-2-723 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-723 - Discretion of Court Upon Failure of Creditors to Attend.

Section 43-2-723Discretion of court upon failure of creditors to attend. If none of the creditors attend at the time appointed or if, from any other cause, no appointment of such administrator is made, the court may, in its discretion, continue the former executor or administrator or may appoint any fit person, or the general administrator of the county or, should there be none, the sheriff of the county, to administer the estate according to the provisions of this division. (Code 1852, §1845; Code 1867, §2194; Code 1876, §2566; Code 1886, §2235; Code 1896, §303; Code 1907, §2771; Code 1923, §6010; Code 1940, T. 61, §397.)
AL Code § 43-2-724 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-724 - Former Letters Revoked Upon Appointment; Property Vested in Administrator.

Section 43-2-724Former letters revoked upon appointment; property vested in administrator. Whenever an administrator is appointed under the provisions of this division, any former grant of letters on the estate is thereby revoked; and the property of such estate is thereby vested in such administrator. (Code 1852, §1846; Code 1867, §2195; Code 1876, §2567; Code 1886, §2237; Code 1896, §305; Code 1907, §2773; Code 1923, §6012; Code 1940, T. 61, §399.)
AL Code § 43-2-725 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 2 - Nomination and Election of Administrators of Insolvent Estates.|Section 43-2-725 - Vacancy.

Section 43-2-725Vacancy. 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. (Code 1852, §1844; Code 1867, §2193; Code 1876, §2565; Code 1886, §2236; Code 1896, §304; Code 1907, §2772; Code 1923, §6011; Code 1940, T. 61, §398.)
AL Code § 43-2-740 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-740 - Time and Manner of Filing Claims - Generally.

Section 43-2-740Time and manner of filing claims - Generally. Every person having any claim against the estate declared insolvent must file the same in the office of the judge of probate as provided by subsection (b) of section 43-2-350. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. And when, prior to the declaration of insolvency, a claim has been filed in the office of the judge of probate, as required by said section, such claim shall be considered as duly filed under this section. (Code 1852, §1847; Code 1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306; Code 1907, §2774; Code 1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)
AL Code § 43-2-741 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-741 - Time and Manner of Filing Claims - Time Allowed Certain Minors and Persons of Unsound Mind.

Section 43-2-741Time and manner of filing claims - Time allowed certain minors and persons of unsound mind. The provisions of section 43-2-740, as to the time within which claims are to be filed, do not apply to infants and persons of unsound 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. (Code 1852, §1848; Code 1867, §2197; Code 1876, §2569; Code 1886, §2239; Code 1896, §307; Code 1907, §2775; Code 1923, §6014; Code 1940, T. 61, §401.)
AL Code § 43-2-742 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-742 - Time and Manner of Filing Claims - Claims Verified in Another State.

Section 43-2-742Time and manner of filing claims - Claims verified in another state. When a claim against such estate is verified by the oath of a person out of this state, but within the United States, such oath may be made before a notary public, justice of the peace or any judge or clerk of a court of record or a commissioner of such state. When made before a justice of the peace, it must be certified that such officer was a justice of the peace and that his attestation is genuine, by some judge of a court of record or a commissioner of said state; but, when made before either of the other officers specified, no other proof of the taking of such oath is necessary than the certificate of such officer. (Code 1852, §1849; Code 1867, §2198; Code 1876, §2570; Code 1886, §2240; Code 1896, §308; Code 1907, §2776; Code 1923, §6015; Code 1940, T. 61, §402.)
AL Code § 43-2-743 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-743 - Time and Manner of Filing Claims - Claims Verified in Foreign Country.

Section 43-2-743Time and manner of filing claims - Claims verified in foreign country. When such oath is taken out of the United States, it may be taken before any judge or clerk of a court of record, mayor 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. (Code 1852, §1850; Code 1867, §2199; Code 1876, §2571; Code 1886, §2241; Code 1896, §309; Code 1907, §2777; Code 1923, §6016; Code 1940, T. 61, §403.)
AL Code § 43-2-744 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-744 - Receipt for Claim; Endorsement by Judge.

Section 43-2-744Receipt for claim; endorsement by judge. The judge of probate must, when required, give a receipt for such claim to the claimant, his agent or attorney and must endorse on the claim the day when the same was filed and sign his name thereto. (Code 1852, §1851; Code 1867, §2200; Code 1876, §2572; Code 1886, §2242; Code 1896, §310; Code 1907, §2778; Code 1923, §6017; Code 1940, T. 61, §404.)
AL Code § 43-2-745 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-745 - Claims Docket.

Section 43-2-745Claims docket. Such judge must keep a docket of all the claims thus filed, which must be at all times, during office hours, subject to the inspection of the administrator and creditors of, or any person interested in, the estate. (Code 1852, §1852; Code 1867, §2201; Code 1876, §2573; Code 1886, §2243; Code 1896, §311; Code 1907, §2779; Code 1923, §6018; Code 1940, T. 61, §405.)
AL Code § 43-2-746 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-746 - When Claim Allowed Without Further Proof.

Section 43-2-746When claim allowed without further proof. If no opposition is made, in the manner provided in section 43-2-747, within six months after the time when the estate was declared insolvent, such claim must be allowed against the estate without further proof. (Code 1852, §1853; Code 1867, §2202; Code 1876, §2574; Code 1886, §2244; Code 1896, §312; Code 1907, §2780; Code 1923, §6019; Code 1940, T. 61, §406.)
AL Code § 43-2-747 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-747 - Objections.

Section 43-2-747Objections. 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. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896, §313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61, §407.)
AL Code § 43-2-748 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-748 - Allowance of Due Part of Claim.

Section 43-2-748Allowance of due part of claim. If a part only of such claim is found to be due, it must be allowed for that amount and the costs paid by either party, or in such proportion by either party as the court may direct. (Code 1852, §1855; Code 1867, §2204; Code 1876, §2576; Code 1886, §2246; Code 1896, §314; Code 1907, §2782; Code 1923, §6021; Code 1940, T. 61, §408.)
AL Code § 43-2-749 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-749 - Debt Not Due.

Section 43-2-749Debt not due. Any creditor whose debt is not due must file the same as if due and thereupon must be considered as a creditor under this division; and he is entitled to his dividend or such an amount as, with the interest added from the time of payment to the maturity of the debt, would be equal to the amount thereof. (Code 1852, §1862; Code 1867, §2211; Code 1876, §2583; Code 1886, §2253; Code 1896, §321; Code 1907, §2783; Code 1923, §6022; Code 1940, T. 61, §409.)
AL Code § 43-2-750 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-750 - Claim Allowed After Partial Distribution.

Section 43-2-750Claim allowed after partial distribution. Any creditor of an insolvent estate, whose claim is allowed after a partial distribution, must be allowed out of the remaining assets of such estate, if sufficient, such an amount as will give him his just dividend. (Code 1852, §1863; Code 1867, §2212; Code 1876, §2584; Code 1886, §2254; Code 1896, §322; Code 1907, §2784; Code 1923, §6023; Code 1940, T. 61, §410.)
AL Code § 43-2-751 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 3 - Filing and Allowing Claims Against Insolvent Estates.|Section 43-2-751 - Action by Creditor to Recover Dividend.

Section 43-2-751Action by creditor to recover dividend. (a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him such an amount of the dividend he 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 proves that he has exhibited his claim and demanded of the defendant his proportion of the dividend received by him before the commencement of the action. (Code 1852, §§1864-1866; Code 1867, §§2213-2215; Code 1876, §§2585-2587; Code 1886, §§2255-2257; Code 1896, §§323-325; Code 1907, §§2785-2787; Code 1923, §§6024-6026; Code 1940, T. 61, §§411-413.)
AL Code § 43-2-770 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 4 - Settlement of Insolvent Estates.|Section 43-2-770 - When Settlement Must Be Made.

Section 43-2-770When settlement must be made. Every executor or administrator of an insolvent estate must make a settlement of his accounts, as such, at such time as the court may appoint, not less than six months nor more than 12 months from the time the estate is declared insolvent. (Code 1852, §1856; Code 1867, §2205; Code 1876, §2577; Code 1886, §2247; Code 1896, §315; Code 1907, §2788; Code 1923, §6027; Acts 1931, No. 729, p. 842; Code 1940, T. 61, §414.)
AL Code § 43-2-771 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 4 - Settlement of Insolvent Estates.|Section 43-2-771 - Decree.

Section 43-2-771Decree. At such settlement, the court must decree to each creditor whose claim has been allowed, as provided in this article, his proportion of all moneys then found due from such executor or administrator, reserving in his hands a ratable proportion of such moneys for such claims as may be then contested and undecided; and a similar settlement and distribution must be made at least every six months thereafter, at such times as the court may appoint, until the estate is finally settled and distributed. (Code 1852, §1857; Code 1867, §2206; Code 1876, §2578; Code 1886, §2248; Code 1896, §316; Code 1907, §2789; Code 1923, §6028; Code 1940, T. 61, §415.)
AL Code § 43-2-790 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 5 - Sale of and Actions for Lands of Insolvent Estates.|Section 43-2-790 - Application for Order for Sale - Generally.

Section 43-2-790Application for order for sale - Generally. On the application of an executor or administrator of an estate which has been declared insolvent for an order for the sale of lands belonging to the estate for the payment of debts, he shall be allowed to obtain such order without taking any evidence to show the necessity of such sale. (Code 1886, §2258; Code 1896, §326; Code 1907, §2790; Code 1923, §6029; Code 1940, T. 61, §416.)
AL Code § 43-2-791 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 5 - Sale of and Actions for Lands of Insolvent Estates.|Section 43-2-791 - Application for Order for Sale - Form and Contents; Verification; Notice to Heirs and Devisees.

Section 43-2-791Application for order for sale - Form and contents; verification; notice to heirs and devisees. Such application shall be in writing, verified by affidavit, shall contain an accurate description of the lands sought to be sold and shall set forth 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. (Code 1886, §2259; Code 1896, §327; Code 1907, §2791; Code 1923, §6030; Code 1940, T. 61, §417.)
AL Code § 43-2-792 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 5 - Sale of and Actions for Lands of Insolvent Estates.|Section 43-2-792 - Action by Administrator for Recovery of Lands.

Section 43-2-792Action by administrator for recovery of lands. The administrator of an insolvent estate may maintain an action for the recovery of lands of the estate in every case in which such action might be maintained by him if the estate was solvent. (Code 1867, §2216; Code 1876, §2588; Code 1886, §2260; Code 1896, §328; Code 1907, §2792; Code 1923, §6031; Code 1940, T. 61, §418.)
AL Code § 43-2-810 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 6 - Report or Decree of Insolvency as Affecting Pending Civil Actions.|Section 43-2-810 - Continuance Upon Showing of Insolvency.

Section 43-2-810Continuance upon showing of insolvency. During the progress of any civil action against an executor or administrator, he may show that such estate has been reported insolvent; and, upon such showing, the case must be continued until the final disposition of such report. (Code 1852, §1858; Code 1867, §2207; Code 1876, §2579; Code 1886, §2249; Code 1896, §317; Code 1907, §2793; Code 1923, §6032; Code 1940, T. 61, §419.)
AL Code § 43-2-811 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 6 - Report or Decree of Insolvency as Affecting Pending Civil Actions.|Section 43-2-811 - Special Plea of Insolvency.

Section 43-2-811Special plea of insolvency. The executor or administrator may, at any time before judgment, plead specially that the estate has been declared insolvent; and, in such case, the other issues must be tried and judgment entered thereon. (Code 1852, §1859; Code 1867, §2208; Code 1876, §2580; Code 1886, §2250; Code 1896, §318; Code 1907, §2794; Code 1923, §6033; Code 1940, T. 61, §420.)
AL Code § 43-2-812 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 6 - Report or Decree of Insolvency as Affecting Pending Civil Actions.|Section 43-2-812 - Judgment Certified to Probate Court; Execution for Costs.

Section 43-2-812Judgment certified to probate court; execution for costs. If such judgment is for the plaintiff, and it is shown to the court that such estate has been declared insolvent, an order must be made to the effect that no execution issue on such judgment, but that the same be certified to the proper probate court. Upon a certified copy of such judgment being filed as a claim against the estate, it must be allowed with the costs against such estate, unless shown to have been obtained by collusion; and when such judgment is certified, the clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209; Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034; Code 1940, T. 61, §421.)