reglab/housing_qa huggingface dataset:
AL Code § 43-2-661 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 8 - Presumption of Settlement After 20 Years.|Section 43-2-661 - Petition to Establish Presumption.

Section 43-2-661Petition to establish presumption. An executor, administrator or surety on the bond of the executor or administrator of said estate, or the heirs or next of kin of such executor, administrator or surety may file a petition or complaint, verified by affidavits, in the court in which such a cause is pending, alleging the existence of the facts that raise the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint and giving security for costs of the proceeding, the court must appoint a day for the hearing of such petition or complaint and must give notice of the same by publication in some newspaper published in the county for three successive weeks or, if none is published in the county, by posting such notice at the courthouse and three other public places in such county for the same length of time; and the court must also give 10 days' notice to every adult distributee resident in the state and to all sureties on the bond of the administrator or executor in said cause, of the day set for hearing the petition or complaint. (Acts 1953, No. 687, p. 939, §2.)
AL Code § 43-2-662 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 8 - Presumption of Settlement After 20 Years.|Section 43-2-662 - Notice of Hearing on Petition.

Section 43-2-662Notice of hearing on petition. Such notice must state the name of the executor or administrator, the name of the deceased and the day appointed for the hearing of the petition or complaint. If all heirs and legatees are of age and waive publication in a newspaper, notice must, in such case be given by posting the same at the courthouse door. (Acts 1953, No. 687, p. 939, §§3, 4.)
AL Code § 43-2-663 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 8 - Presumption of Settlement After 20 Years.|Section 43-2-663 - Contest.

Section 43-2-663Contest. 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 contest. (Acts 1953, No. 687, p. 939, §5.)
AL Code § 43-2-664 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 8 - Presumption of Settlement After 20 Years.|Section 43-2-664 - Order After Hearing.

Section 43-2-664Order after hearing. 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. (Acts 1953, No. 687, p. 939, §6.)
AL Code § 43-2-682 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 9 - Compensation, Commissions, Fees, Etc.|Section 43-2-682 - Court May Allow Compensation or Attorney's Fees Up to Time of Settlement.

Section 43-2-682Court may allow compensation or attorney's fees up to time of settlement. Upon any annual, partial or final settlement made by any administrator or executor, the court having jurisdiction thereof may fix, determine and allow the fees or other compensation to which any such administrator or executor is entitled from an estate up to the time of such settlement, and may also fix, determine and allow an attorney's fee or compensation, to be paid from such estate to attorneys representing such administrator or executor, for services rendered to the time of such settlement. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 61, §379.)
AL Code § 43-2-683 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 9 - Compensation, Commissions, Fees, Etc.|Section 43-2-683 - Previous Fees Considered Upon Final Settlement.

Section 43-2-683Previous fees considered upon final settlement. In the allowance of fees to executors or administrators and their attorneys on final settlement, the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such administrators or executors shall be entitled to full credit for any fees allowed and paid on any annual or partial settlement after notice given as provided for in case of final settlements. (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 61, §380.)
AL Code § 43-2-690 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-690 - Short Title.

Section 43-2-690Short title. This division shall be known as the "Alabama Small Estates Act." (Acts 1975, 3rd Ex. Sess., No. 145, §1.)
AL Code § 43-2-691 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-691 - Definitions.

Section 43-2-691Definitions. For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The persons who are entitled to the personal property of a decedent under the terms of a testamentary disposition. (2) DISTRIBUTEES. The persons who are entitled to the personal property of a decedent under the terms of a testamentary disposition or under the Alabama descent and distribution statutes. (3) 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. (4) HEIRS. The persons who are entitled to the personal property of a decedent under the Alabama descent and distribution statutes. (5) PERSON. The term includes natural persons and corporations. (6) PERSONAL REPRESENTATIVE. The term includes an executor, administrator, administrator with the will annexed, and special administrator. (Acts 1975, 3rd Ex. Sess., No. 145, §2; Act 2009-399, p. 724, §1.)
AL Code § 43-2-693 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-693 - Entry of Order Directing Summary Distribution.

Section 43-2-693Entry of order directing summary distribution. When all of the applicable conditions enumerated in subsection (b) of Section 43-2-692 occur, the judge of probate shall enter an order directing a summary distribution of the estate. (Acts 1975, 3rd Ex. Sess., No. 145, §4; Act 2009-399, p. 724, §1.)
AL Code § 43-2-694 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-694 - Transfer of Property or Evidence of Rights Therein to Surviving Spouse or Distributees.

Section 43-2-694Transfer of property or evidence of rights therein to surviving spouse or distributees. Upon delivering a copy of the judge's order for summary distribution or an affidavit executed by any person having knowledge of the fact and alleging the concurrence of the conditions listed in subsection (b) of section 43-2-692 showing the defeasible right therein, together with a copy of the decedent's will if the claim is under such will, such spouse or distributee shall be entitled to have the decedent's property or the evidence of the decedent's ownership in such property transferred to him by any person owing any money to the decedent's estate, having custody of any personal property of the decedent or acting as a registrar or transfer agent of any evidence of interest, indebtedness, property or right of the deceased therein. (Acts 1975, 3rd Ex. Sess., No. 145, §5.)
AL Code § 43-2-695 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-695 - Limitation on Defeasible Rights of Surviving Spouse or Distributees.

Section 43-2-695Limitation on defeasible rights of surviving spouse or distributees. The defeasible right of the surviving spouse or distributees 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 such personal property. (Acts 1975, 3rd Ex. Sess., No. 145, §6.)
AL Code § 43-2-696 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 10 - Summary Distribution of Small Estates.|Section 43-2-696 - Effect of Transfer Pursuant to Affidavit.

Section 43-2-696Effect of transfer pursuant to affidavit. The person making payment, delivery, transfer or issuance of personal property or evidence thereof pursuant to the affidavit prescribed in section 43-2-694 shall be discharged and released to the same extent as if made to a personal representative of the decedent, and he shall not be required to see the application thereof or to inquire into the truth of any statement in the affidavit if made by any other person. If any person to whom such affidavit is delivered refuses to pay, deliver, transfer or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer or issuance compelled in an action brought for such purpose by or on behalf of the person entitled thereto under sections 43-2-692 and 43-2-695 upon proof of the defeasible right declared by such sections. Any person to whom payment, delivery, transfer or issuance is made shall be answerable and accountable therefor to any personal representative of the estate or to the surviving spouse or minor children of the decedent who shall proceed against such person, or to any other person having a superior right to the decedent's estate. (Acts 1975, 3rd Ex. Sess., No. 145, §7.)
AL Code § 43-2-697.01 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 11 - Medicaid Estate Recovery Program.|Section 43-2-697.01 - Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees.

Section 43-2-697.01Petition to open probate estate of Medicaid recipient; third-party administrator; fees. (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. (Act 2019-489, §2.)
AL Code § 43-2-697.02 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 11 - Medicaid Estate Recovery Program.|Section 43-2-697.02 - Filing of Claim Against Estate of Medicaid Recipient.

Section 43-2-697.02Filing of claim against estate of Medicaid recipient. (a) The Medicaid Agency may file a claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on behalf of the recipient, but only as allowed by 42 U.S.C. §1396p, except that the agency shall not file a claim that includes medical assistance payments made at any time for Medicare cost-sharing or for benefits under the Medicare Savings Programs described in 42 U.S.C §1396a(a)(10)(E). (b) The claim shall be filed pursuant to Article 15 of this chapter, unless otherwise provided by law. The claim shall be filed with an affidavit stating the amount the Medicaid Agency spent and the time period in which the amount was spent. The affidavit shall be completed by the Commissioner of Medicaid or a designee. The affidavit shall be competent evidence of the claim and shall be prima facie genuine and authentic when signed by the commissioner or a designee. (c) This section shall apply prospectively. (Act 2019-489, §3.)
AL Code § 43-2-697.03 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 18 - Settlements and Distributions.|Division 11 - Medicaid Estate Recovery Program.|Section 43-2-697.03 - Liens Program.

Section 43-2-697.03Liens program. The Medicaid Agency conducts a liens program in accordance with 42 U.S.C. §1396p. The liens program is operated within the federal law restrictions. Nothing in this division shall shrink or expand the Medicaid Agency's federal law authority or grant a new cause of action that is not currently available under state or federal law. The agency shall always remain in compliance with 42 U.S.C. §1396p. (Act 2019-489, §4.)
AL Code § 43-2-700 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-700 - Order and Preference of Payment of Debts.

Section 43-2-700Order and preference of payment of debts. 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. (Code 1852, §1828; Code 1867, §2177; Code 1876, §2549; Code 1886, §2222; Code 1896, §290; Code 1907, §2755; Code 1923, §5994; Code 1940, T. 61, §381.)
AL Code § 43-2-701 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-701 - Report of Insolvency - Generally.

Section 43-2-701Report of insolvency - Generally. Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he 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 knowledge and belief, insolvent. (Code 1852, §1829; Code 1867, §2178; Code 1876, §2550; Code 1886, §2223; Code 1896, §291; Code 1907, §2756; Code 1923, §5995; Code 1940, T. 61, §382.)
AL Code § 43-2-702 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-702 - Report of Insolvency - Statement to Be Filed With Report.

Section 43-2-702Report of insolvency - Statement to be filed with report. He must file with such report: (1) A statement of all the goods and chattels, evidences of debt and other personal property, with the estimated value of each, and the amount of money belonging to such estate; (2) A full statement of the real property of the deceased, or any interest therein, and estimated value thereof; (3) A full statement of the claims against the estate which have come to his knowledge, the character and amount of each claim and the name and residence of each creditor, if known; and (4) A full statement of the names and ages of all heirs or distributees and their places of residence. (Code 1852, §1830; Code 1867, §2179; Code 1876, §2551; Code 1886, §2224; Code 1896, §292; Code 1907, §2757; Code 1923, §5996; Code 1940, T. 61, §383.)
AL Code § 43-2-703 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-703 - Report of Insolvency - Affidavit Accompanying Report and Statement.

Section 43-2-703Report of insolvency - Affidavit accompanying report and statement. 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 knowledge, information and belief. (Code 1852, §1831; Code 1867, §2180; Code 1876, §2552; Code 1886, §2225; Code 1896, §293; Code 1907, §2758; Code 1923, §5997; Code 1940, T. 61, §384.)
AL Code § 43-2-704 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-704 - Time for Hearing; Notice of Hearing.

Section 43-2-704Time for hearing; notice of hearing. The probate court, on the filing of such report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom, to hear and determine the same and must give notice to the creditors of and to all persons interested in the estate of the filing of the report and the day appointed to hear and determine the same by publication, once a week for three successive weeks, in some newspaper published in the county or, if none is published therein, in a newspaper published nearest to the courthouse of such county, and by posting such notice at the courthouse door for the same length of time and by forwarding such notice by mail to all creditors and to all adult heirs or distributees whose places of residence are known, and shall appoint guardians ad litem for all heirs or distributees who are minors or of unsound mind. Upon the day appointed or on any other day to which the hearing is continued, the court must proceed to hear and determine such report. (Code 1852, §§1832, 1833; Code 1867, §§2181, 2182; Code 1876, §§2553, 2554; Code 1886, §§2226, 2227; Code 1896, §§294, 295; Code 1907, §§2759, 2760; Code 1923, §§5998, 5999; Code 1940, T. 61, §§385, 386.)
AL Code § 43-2-705 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-705 - Trial of Issue of Insolvency to Be by Jury.

Section 43-2-705Trial of issue of insolvency to be by jury. Any creditor or other person interested in the estate may make an issue as to the correctness of such report by denying in writing that the estate is insolvent, which issue must be tried by a jury on the application of any party; but only one issue must be made, in which any number of the creditors or persons interested in the estate may join at any time before the determination thereof. (Code 1852, §§1834, 1837; Code 1867, §§2183, 2186; Code 1876, §§2555, 2558; Code 1886, §2228; Code 1896, §296; Code 1907, §2761; Code 1923, §6000; Code 1940, T. 61, §387.)
AL Code § 43-2-706 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-706 - Payment of Costs.

Section 43-2-706Payment of costs. If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him and his sureties; but if it is decided in his 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. (Code 1852, §§1835, 1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896, §297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)
AL Code § 43-2-707 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-707 - Declaration of Insolvency.

Section 43-2-707Declaration of insolvency. If no person contests the correctness of the report or if the issue is decided against contestant, the court must declare the estate insolvent and must make an order for the executor or administrator on a day therein named, not less than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration; and of such order, and of the day appointed for such settlement, notice must be given by the judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867, §§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907, §2763; Code 1923, §6002; Code 1940, T. 61, §389.)
AL Code § 43-2-708 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-708 - Second Declaration by Succeeding Administrator Not Necessary.

Section 43-2-708Second declaration by succeeding administrator not necessary. An estate of a decedent having once been declared insolvent, it shall not be necessary for any succeeding administrator to apply for or obtain a declaration or decree of insolvency; but a declaration of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual under all subsequent administrations, as if obtained under each of them. (Code 1867, §4424; Code 1876, §2589; Code 1886, §2261; Code 1896, §329; Code 1907, §2766; Code 1923, §6005; Code 1940, T. 61, §392.)
AL Code § 43-2-709 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 19 - Insolvent Estates.|Division 1 - General Provisions.|Section 43-2-709 - Appeals.

Section 43-2-709Appeals. (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. (Code 1852, §1861; Code 1867, §2210; Code 1876, §2582; Code 1886, §2252; Code 1896, §320; Code 1907, §§2764, 2765; Code 1923, §§6003, 6004; Code 1940, T. 61, §§390, 391.)