reglab/housing_qa huggingface dataset:
AL Code § 43-2-28 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 1 - Grant of Letters Testamentary.|Section 43-2-28 - Death of Sole or Surviving Executor.

Section 43-2-28Death of sole or surviving executor. No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving executor, letters of administration with the will annexed may be granted to the persons entitled thereto, as in any case in which a sole executor has renounced his appointment. (Code 1852, §1666; Code 1867, §1984; Code 1876, §2348; Code 1886, §2012; Code 1896, §54; Code 1907, §2516; Code 1923, §5738; Code 1940, T. 61, §77.)
AL Code § 43-2-29 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 1 - Grant of Letters Testamentary.|Section 43-2-29 - Grant of Letters Testamentary After Revocation of Letters of Administration.

Section 43-2-29Grant of letters testamentary after revocation of letters of administration. (a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims letters testamentary and complies with the requisition of the law, the probate court having jurisdiction must revoke the letters of administration and grant letters testamentary to such executor. (b) If, in the case provided for by subsection (a), the sole executor or some of the executors, within five days after the proof of such will, do not appear and take out letters testamentary thereon, a copy of the will must be annexed to the letters of administration and must be executed by the administrator. (Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886 §§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740; Code 1940, T. 61, §§78, 79.)
AL Code § 43-2-40 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-40 - Generally.

Section 43-2-40Generally. Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate, as follows: (1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein. (3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving assets therein. (4) Where the intestate, not being an inhabitant of the state, dies, leaving no assets therein, and assets are afterwards brought into the county. (5) Where the intestate, being an inhabitant of the state, dies, leaving no assets subject to administration in the county of his residence, and no administration has been granted in such county within three months after the death of the intestate, then administration may be granted in any county where the intestate leaves assets. (Code 1852, §1667; Code 1867, §1985; Code 1876, §2349; Code 1886, §2013; Code 1896, §55; Code 1907, §2519; Code 1923, §5741; Code 1940, T. 61, §80.)
AL Code § 43-2-41 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-41 - Form.

Section 43-2-41Form. Letters of administration may be substantially in the following form:The State of Alabama, } ___________ County.}Court of Probate.  Letters of administration on the estate of _____ (or letters of administration on the annexed will of _____, as the case may be) are hereby granted to _____, who has duly qualified and given bond as such administrator, and is authorized to administer such estate (or to execute such will, as the case may be). Witness my hand and dated this _____day of _____, 19__.  ______________ Judge of Probate (Code 1852, §1688; Code 1867, §2008; Code 1876, §2370; Code 1886, §2015; Code 1896, §57; Code 1907, §2521; Code 1923, §5743; Code 1940, T. 61, §82.)
AL Code § 43-2-42 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-42 - Order of Grant of Administration.

Section 43-2-42Order of grant of administration. (a) Administration of an intestate's estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin entitled to share in the distribution of the estate. (3) The largest creditor of the estate residing in this state. (4) Any other person as the judge of probate may appoint. (b) Notwithstanding the provisions of subsection (a) of this section, in all counties having a population of 400,000 or more, according to the last or any subsequent federal census, or in any county having an elected general or county administrator, administration of an intestate's estate must be granted to some one of the persons hereinafter named, if willing to accept and satisfactory to serve, in the following order: (1) The husband or widow. (2) The next of kin entitled to share in the distribution of the estate. (3) The largest creditor of the estate residing in this state. (4) The county or general administrator. (5) Any other person as the judge of probate may appoint. (Code 1852, §1668; Code 1867, §1986; Code 1876, §2350; Code 1886, §2014; Code 1896, §56; Code 1907, §2520; Code 1923, §5742; Acts 1931, No. 551, p. 649; Acts 1936, Ex. Sess., No. 52, p. 29; Code 1940, T. 61, §81; Acts 1945, No. 356, p. 574; Acts 1951, No. 635, p. 1091; Acts 1956, 1st Ex. Sess., No. 128, p. 190; Acts 1996, No. 96-744, p. 1306, §1.)
AL Code § 43-2-43 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-43 - Renunciation or Relinquishment of Right to Administration.

Section 43-2-43Renunciation or relinquishment of right to administration. (a) Any person entitled to administration may relinquish his right thereto in the same manner as executors are authorized to renounce their appointment. (b) If no person entitled to the administration of the estate, according to the first three subdivisions of subsections (a) or (b) of section 43-2-42, applies for letters within 40 days after the death of the intestate is known, the persons so entitled must be held to have relinquished their right to the administration. (Code 1852, §§1669, 1674; Code 1867, §§1987, 1992; Code 1876, §§2351, 2356; Code 1886, §§2016, 2018; Code 1896, §§58, 60; Code 1907, §§2522, 2524; Code 1923, §§5744, 5746; Code 1940, T. 61, §§83, 85.)
AL Code § 43-2-44 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-44 - Grant of Administration When More Than One Person Entitled Thereto; Preference of Whole Blood Over Half Blood.

Section 43-2-44Grant of administration when more than one person entitled thereto; preference of whole blood over half blood. If several persons of the same degree of kindred to the intestate, computed by the rules of the civil law, are entitled to the administration, and when several persons are equally entitled thereto, the court may, in its discretion, grant letters to one or more of them; except, that the whole blood shall be preferred to the half blood. When a married woman is entitled to the administration, it may be granted to her husband in her right. (Code 1852, §§1670-1673; Code 1867, §§1988-1991; Code 1876, §§2352-2355; Code 1886, §2017; Code 1896, §59; Code 1907, §2523; Code 1923, §5745; Code 1940, T. 61, §84.)
AL Code § 43-2-45 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-45 - Letters Not Granted Until Five Days After Intestate's Death; Examination of Applicants and Witnesses.

Section 43-2-45Letters not granted until five days after intestate's death; examination of applicants and witnesses. No letters of administration must be granted until the expiration of five days after the death of the intestate is known; and the court may, in all cases, examine the persons applying therefor, on oath, touching the time and place of the death of the intestate and as to whether or not he left any will and other matters necessary to give the court jurisdiction; and may also examine any other witnesses as to the same facts and may compel their attendance for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876, §2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940, T. 61, §86.)
AL Code § 43-2-46 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-46 - Postponing Issuance of Letters During Time for Appeal.

Section 43-2-46Postponing issuance of letters during time for appeal. When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken, no letters in chief must be granted until the appeal is finally disposed of; but a special administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876, §2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940, T. 61, §88.)
AL Code § 43-2-47 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-47 - Special Administrator Ad Colligendum.

Section 43-2-47Special administrator ad colligendum. (a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing the collection and preservation by him of the goods of the deceased until letters testamentary or of administration have been duly issued. (b) Every such special administrator has authority to collect the goods and chattels of the estate and debts of the deceased, to give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure and preserve such goods and chattels at such expense as may be deemed reasonable by the probate court; and for such purposes, he may maintain civil actions as administrator. (c) Such special administrator may also, under the direction of the probate court, sell such goods as are perishable or wasting, after the same have been appraised, upon such notice as the judge of probate may prescribe. (d) Upon the grant of letters testamentary or of administration, the authority of such special administrator ceases, and on demand he must deliver to the rightful executor or administrator all the assets of the deceased which may be in his hands and render an account on oath of all his proceedings to the probate court. (Code 1852, §§1676-1679; Code 1867, §§1994-1997; Code 1876, §§2358-2361; Code 1886, §§2020-2023; Code 1896, §§62-65; Code 1907, §§2526-2529; Code 1923, §§5748-5751; Code 1940, T. 61, §§89-92.)
AL Code § 43-2-48 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 2 - Grant of Letters Testamentary of Administration.|Division 2 - Grant of Letters of Administration.|Section 43-2-48 - Conclusiveness of Letters.

Section 43-2-48Conclusiveness of letters. Letters testamentary or of administration and letters to a special administrator or to any general administrator, sheriff or coroner, granted by any court having jurisdiction, are conclusive evidence of the authority of the person to whom the same are granted, from the date thereof until the same are revoked; and, when granted, such letters exclude the probate court of every other county from the jurisdiction thereof and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867, §2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923, §5752; Code 1940, T. 61, §87.)
AL Code § 43-2-130 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-130 - Venue; Service of Process.

Section 43-2-130Venue; service of process. Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service of process may be made on them in any county in the state. (Code 1852, §1918; Code 1867, §2277; Code 1876, §2615; Code 1886, §2262; Code 1896, §330; Code 1907, §2802; Code 1923, §6041; Code 1940, T. 61, §118.)
AL Code § 43-2-131 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-131 - Limitation on Actions Against Executor or Administrator.

Section 43-2-131Limitation on actions against executor or administrator. No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration, unless the executor or administrator has given notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code 1876, §2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts 1931, No. 725, p. 841; Code 1940, T. 61, §119.)
AL Code § 43-2-132 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-132 - Actions Begun by Special Administrator Not Abated.

Section 43-2-132Actions begun by special administrator not abated. Civil actions commenced by a special administrator do not abate by the appointment of an executor or administrator in chief, but may be prosecuted by such executor or administrator. (Code 1852, §1924; Code 1867, §2283; Code 1876, §2621; Code 1886, §2264; Code 1896, §332; Code 1907, §2804; Code 1923, §6043; Code 1940, T. 61, §120.)
AL Code § 43-2-133 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-133 - Succeeding Executor or Administrator to Be Made Party to Civil Actions.

Section 43-2-133Succeeding executor or administrator to be made party to civil actions. When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code 1886, §2265; Code 1896, §333; Code 1907, §2805; Code 1923, §6044; Code 1940, T. 61, §121.)
AL Code § 43-2-134 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-134 - Judgments Against Administrators in Chief Revived Against Administrators De Bonis Non.

Section 43-2-134Judgments against administrators in chief revived against administrators de bonis non. In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of such judgment, or their personal representative, against the administrator de bonis non of such estate on 10 days' notice to such administrator de bonis non; but such liabilities shall only bind the administrator de bonis non to the extent of the assets of the estate which have come into his possession. (Code 1907, §2806; Code 1923, §6045; Code 1940, T. 61, §122.)
AL Code § 43-2-135 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-135 - Actions Against Survivor of Two or More Executors or Administrators.

Section 43-2-135Actions against survivor of two or more executors or administrators. If any one of two or more executors or administrators, against whom a civil action is pending, die during the pendency of the action, it does not abate but may be continued against the survivor or survivors, on a suggestion of such death on the record. (Code 1852, §1927; Code 1867, §2286; Code 1876, §2624; Code 1886, §2266; Code 1896, §334; Code 1907, §2807; Code 1923, §6046; Code 1940, T. 61, §123.)
AL Code § 43-2-136 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-136 - Survival of Actions for Damages to Realty.

Section 43-2-136Survival of actions for damages to realty. All proceedings to ascertain damages done to real property survive to the executors or administrators. (Code 1852, §1929; Code 1867, §2288; Code 1876, §2632; Code 1886, §2267; Code 1896, §335; Code 1907, §2808; Code 1923, §6047; Code 1940, T. 61, §124.)
AL Code § 43-2-137 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-137 - Action on Bond.

Section 43-2-137Action on bond. Civil actions may be brought or proceedings had on any bond given by an executor or administrator, as such, in the name of the party aggrieved until the whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code 1886, §2272; Code 1896, §341; Code 1907, §2809; Code 1923, §6048; Code 1940, T. 61, §125.)
AL Code § 43-2-138 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-138 - Action by Legatee to Recover Legacy.

Section 43-2-138Action by legatee to recover legacy. Any legatee, after six months from the grant of letters testamentary or of administration, with the will annexed, may bring a civil action and recover his legacy, upon proof that the executor assented to the same. (Code 1852, §1931; Code 1867, §2290; Code 1876, §2634; Code 1886, §2275; Code 1896, §344; Code 1907, §2810; Code 1923, §6049; Acts 1931, No. 725, p. 841; Code 1940, T. 61, §126.)
AL Code § 43-2-139 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 1 - General Provisions.|Section 43-2-139 - Inventory as Evidence.

Section 43-2-139Inventory as evidence. In an action against an executor or administrator, in which the fact of his having administered the estate of his testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by him, is given in evidence, the effect of the same may be repelled by evidence: (1) That any property has been omitted in such inventory, or was not returned therein at its full value, or since the filing thereof has increased in value; or (2) That such property has perished, or been lost without the fault of such executor or administrator, or that it has been fairly sold, according to law, at a less price than the value so returned, or that, since the return of the inventory, such property has deteriorated or decreased in value; and in such action the defendant cannot be charged for anything in action specified in the inventory, unless it appears that it was, or might have been, collected by the exercise of due diligence. (Code 1852, §1932; Code 1867, §2291; Code 1876, §2635; Code 1886, §2282; Code 1896, §351; Code 1907, §2811; Code 1923, §6050; Code 1940, T. 61, §127.)
AL Code § 43-2-150 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 2 - Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.|Section 43-2-150 - Enforcement of Judgments, etc., of Probate Court Against Representatives - Generally.

Section 43-2-150Enforcement of judgments, etc., of probate court against representatives - Generally. All judgments, orders, and decrees of the probate court against an executor or administrator for the payment of money may be enforced by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgments in circuit courts, and may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of personal property, by attachment or a special order to the sheriff, requiring him to take such property and deliver the same according to the judgment, order or decree; for the possession of land, by a writ to the sheriff against the executor or administrator, requiring him to put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280; Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051; Code 1940, T. 61, §128.)
AL Code § 43-2-151 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 6 - Actions by and Against Executors and Administrators.|Division 2 - Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.|Section 43-2-151 - Enforcement of Judgments, etc., of Probate Court Against Representatives - Liability of Sureties.

Section 43-2-151Enforcement of judgments, etc., of probate court against representatives - Liability of sureties. When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court "no property" by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)