reglab/housing_qa huggingface dataset:
AL Code § 43-2-354 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 1 - Presentation.|Section 43-2-354 - Notice and Hearing; Judgment; Costs; Appeals.

Section 43-2-354Notice and hearing; judgment; costs; appeals. The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed. Thereupon the judge of the court having jurisdiction of the administration of the estate shall, on written application of either the personal representative or the claimant, hear and pass on the validity of such claim, or part thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant in such proceeding shall fail to recover upon the disputed part of such claim, he shall be taxed with the costs thereof. This section shall not apply to claims against estates declared insolvent. If the judgment on any such claim is rendered by a probate court, either party may, within 30 days after the rendition of such judgment, appeal to the circuit court of the county in which the administration of said estate is pending, and the trial of the validity of said claim in said circuit court shall be de novo, and upon demand of either party, filed in the circuit court within 30 days from the taking of said appeal, shall be tried by a jury. If the administration of an estate in which a claim is disputed is pending in the circuit court, the trial of the validity of said claim shall be by jury upon demand of either party filed within 30 days after written notice that the claim is disputed. In any event either party may appeal to the supreme court or court of civil appeals, as the case may be, from the judgment of the circuit court, such appeal to be taken within 42 days and as other appeals are taken. (Code 1896, §2818; Code 1907, §4857; Code 1923, §8971; Acts 1939, No. 517, p. 806; Code 1940, T. 61, §216; Acts 1943, No. 324, p. 308.)
AL Code § 43-2-370 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-370 - Property Charged With Payment of Debts.

Section 43-2-370Property charged with payment of debts. All the property of the decedent, except as otherwise provided, is charged with the payment of his debts, and, if necessary, may be sold for that purpose. (Code 1852, §1737; Code 1867, §2060; Code 1876, §2429; Code 1886, §2078; Code 1896, §125; Code 1907, §2596; Code 1923, §5821; Code 1940, T. 61, §217.)
AL Code § 43-2-371 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-371 - Order of Preference.

Section 43-2-371Order of preference. The debts against the estates of decedents are to be paid in the following order: (1) The funeral expenses. (2) The fees and charges of administration. (3) Expenses of the last sickness. (4) Taxes assessed on the estate of the decedent previous to his death. (5) Debts due to employees, as such, for services rendered the year of the death of the decedent. (6) The other debts of the decedent. (Code 1867, §1741; Code 1876, §2430; Code 1886, §2079; Code 1896, §126; Code 1907, §2597; Code 1923, §5822; Code 1940, T. 61, §218.)
AL Code § 43-2-372 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-372 - No Preference Among Debts of Same Class.

Section 43-2-372No preference among debts of same class. No executor or administrator must, before the expiration of six months from the grant of letters, give a preference in the payment of any debt over others of the same class; nor is a debt due and payable entitled to any preference over debts of the same class which are not due. (Code 1852, §1742; Code 1867, §2065; Code 1876, §2431; Code 1886, §2080; Code 1896, §127; Code 1907, §2598; Code 1923, §5823; Code 1940, T. 61, §219.)
AL Code § 43-2-373 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-373 - Payment of Claims Barred by Statute of Limitations.

Section 43-2-373Payment of claims barred by statute of limitations. No claim against the estate of a decedent whether in favor of the personal representative or any other person, which was barred by the statute of limitations at the time of the death of such decedent, shall be paid by or allowed to the personal representative, unless the payment of such claim be expressly directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code 1923, §5824; Code 1940, T. 61, §220.)
AL Code § 43-2-374 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-374 - When Executor or Administrator Protected in Payment of Debts.

Section 43-2-374When executor or administrator protected in payment of debts. The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him to the extent of the payment from liability on any other debt against such estate which had not been presented at the time of such payment. (Code 1852, §1790; Code 1867, §2117; Code 1876, §2494; Code 1886, §2086; Code 1896, §136; Code 1907, §2600; Code 1923, §5825; Acts 1931, No. 722, p. 839; Code 1940, T. 61, §221.)
AL Code § 43-2-375 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 2 - Payment and Preference.|Section 43-2-375 - Payment of Debts Not Due.

Section 43-2-375Payment of debts not due. Any debt not due, which has been presented, may be paid by an executor or administrator after six months from the grant of letters, and the provisions of section 43-2-374 include such debts; but such payment must not be made unless the creditor accepts, in discharge of such debt, such an amount as, with interest from the day of payment to the day when such debt is due, would make the amount thereof. (Code 1852, §1791; Code 1867, §2118; Code 1876, §2495; Code 1886, §2087; Code 1896, §137; Code 1907, §2601; Code 1923, §5826; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §222.)
AL Code § 43-2-390 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 3 - Sale, Compromise, and Settlement.|Section 43-2-390 - Authorization to Compromise or Sell Claims.

Section 43-2-390Authorization to compromise or sell claims. The probate court having jurisdiction of the estate may authorize any executor or administrator to compromise or sell any bad or doubtful claim due the estate, on the written application of the executor or administrator, verified by his affidavit, and stating the facts, supported by evidence satisfactory to the court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote the interests of the estate. (Code 1876, §2505; Code 1886, §2088; Code 1896, §138; Code 1907, §2602; Code 1923, §5827; Code 1940, T. 61, §223.)
AL Code § 43-2-391 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 3 - Sale, Compromise, and Settlement.|Section 43-2-391 - Notice and Hearing.

Section 43-2-391Notice and hearing. Such application must not be heard until 10 days after the filing thereof, and notice thereof may be given to some person adversely interested whenever the court may deem just. When, or at such time as the court may continue the hearing, the court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof will promote the interests of the estate, must make and enter a decree directing the sale or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed, it must be made by the executor or administrator at the courthouse of the county, or such other place as the court may direct, at public outcry to the highest bidder for cash, after having first given notice of the time and place thereof by publication, once a week for three successive weeks, in some newspaper published in the county, or if none is published therein, by posting notices for three weeks at the courthouse door, and three other public places in the county, or the notice may be given in any manner and for any time which may be directed by the court. (Code 1876, §2505; Code 1886, §2089; Code 1896, §139; Code 1907, §2603; Code 1923, §5828; Code 1940, T. 61, §224.)
AL Code § 43-2-392 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 3 - Sale, Compromise, and Settlement.|Section 43-2-392 - Report.

Section 43-2-392Report. The executor or administrator shall make report, in writing and under oath, of such sale or compromise within 30 days thereafter; and when such report is made, the sale or compromise may be confirmed, unless good cause is shown for setting the same aside. (Code 1876, §2506; Code 1886, §2090; Code 1896, §140; Code 1907, §2604; Code 1923, §5829; Code 1940, T. 61, §225.)
AL Code § 43-2-393 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 3 - Sale, Compromise, and Settlement.|Section 43-2-393 - When Executor or Administrator May Give Note, etc., to Extend or Settle Debt.

Section 43-2-393When executor or administrator may give note, etc., to extend or settle debt. Any executor or administrator, by authority of the probate court given on his written application, may, in his representative capacity, give his note, bond or bill for the purpose of extending or settling a debt of the decedent, or settling a debt contracted by such representative for articles, or for work and labor for the estate; and for such note, bond or bill the estate is liable, and the executor or administrator is not personally liable. But the heirs, devisees, distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066; Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830; Code 1940, T. 61, §226.)
AL Code § 43-2-394 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 15 - Claims and Debts.|Division 3 - Sale, Compromise, and Settlement.|Section 43-2-394 - Compounding With and Discharge of Debtor.

Section 43-2-394Compounding with and discharge of debtor. Whenever a debtor of the decedent is unable to pay all his debts, the executor or administrator, with the approbation of the court or judge thereof, may compound with him and give him a discharge, upon receiving a fair and just dividend of his effects. A compromise may also be authorized when it appears to be just, and for the best interest of the estate. (Code 1923, §5831; Code 1940, T. 61, §227.)
AL Code § 43-2-441 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-441 - Authorization to Sell - Where Will Exists.

Section 43-2-441Authorization to sell - Where will exists. Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no power to sell the same for that purpose. (Code 1852, §1754; Code 1867, §2079; Code 1876, §2447; Code 1886, §2103; Code 1896, §155; Code 1907, §2619; Code 1923, §5847; Code 1940, T. 61, §243; Acts 1984, No. 84-258, p. 426, §1.)
AL Code § 43-2-440 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-440 - Renting of Lands.

Section 43-2-440Renting of lands. The executor or administrator may rent the decedent's lands at public outcry, or, when the interest of the estate requires it, privately; and such rent is assets; but when lands are rented privately, he must report such renting to the probate court of the proper county within 30 days thereafter. (Code 1852, §1751; Code 1867, §2076; Code 1876, §2446; Code 1886, §2102; Code 1896, §154; Code 1907, §2618; Code 1923, §5846; Code 1940, T. 61, §242.)
AL Code § 43-2-442 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-442 - Authorization to Sell - in Case of Intestacy.

Section 43-2-442Authorization to sell - In case of intestacy. In case of intestacy, lands may be sold by the administrator for the payment of debts. (Code 1852, §1755; Code 1867, §2080; Code 1876, §2448; Code 1886, §2104; Code 1896, §156; Code 1907, §2620; Code 1923, §5848; Code 1940, T. 61, §244; Acts 1984, No. 84-258, p. 426, §1.)
AL Code § 43-2-443 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-443 - Authorization to Sell - Sale for Division.

Section 43-2-443Authorization to sell - Sale for division. Lands of an estate may be sold by order of the probate court having jurisdiction of the estate when the same cannot be equitably divided among the heirs or devisees, when an adult heir or devisee files his written consent that the land be sold. (Code 1852, §1867; Code 1867, §2221; Code 1876, §2449; Code 1886, §2105; Code 1896, §157; Code 1907, §2621; Code 1923, §5849; Code 1940, T. 61, §245.)
AL Code § 43-2-444 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-444 - Application for Sale.

Section 43-2-444Application for sale. The application for the sale of lands, either for payment of debts or for division, must be made by the executor or administrator in writing, verified by affidavit, to the probate court having jurisdiction of the estate, must describe the lands accurately, must give the names of the heirs or devisees, and their places of residence and must also state whether any, and which of such heirs or devisees, are under the age of 19 years or of unsound mind; and such application may be contested by any party interested in the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453; Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61, §246.)
AL Code § 43-2-445 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-445 - Notice and Hearing Generally; Time for Hearing; Appointment of Guardian Ad Litem.

Section 43-2-445Notice and hearing generally; time for hearing; appointment of guardian ad litem. (a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound mind, if any there be, and must issue a citation to the heirs or devisees of full age, and residing in this state, notifying them of the application, and the day appointed for hearing the same, which must be served on them 10 days before the day appointed for the hearing. (b) If such application be for the sale of land for the payment of debts, notice must also be given by publication, once a week for three successive weeks, in some newspaper published in the county, or by posting up notice at the courthouse door and three other public places in the county, at the discretion of the court. If no newspaper is published in the county, notices must be posted as above prescribed. (Code 1852, §1869; Code 1867, §§2223, 2224; Code 1876, §§2451, 2454; Code 1886, §§2107, 2108; Code 1896, §§159, 160; Code 1907, §§2623, 2624; Code 1923, §§5852, 5853; Code 1940, T. 61, §§247, 248.)
AL Code § 43-2-446 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-446 - Notice to Nonresidents.

Section 43-2-446Notice to nonresidents. If any of the heirs or devisees reside out of this state, such heirs or devisees may be brought into court by publication, once a week for three successive weeks, in a newspaper published in the county in which the application is made, or if none is published therein, then in the newspaper published nearest to the courthouse of such county. (Code 1852, §1871; Code 1867, §2227; Code 1876, §2452; Code 1886, §2109; Code 1896, §161; Code 1907, §2625; Code 1923, §5854; Code 1940, T. 61, §249.)
AL Code § 43-2-447 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-447 - Notice to Unknown Parties; Appointment of Special Guardian; Disposition of Shares.

Section 43-2-447Notice to unknown parties; appointment of special guardian; disposition of shares. If it shall be averred in an application for the sale of lands for the payment of debts or for division, that the names of any of the heirs or devisees are unknown, that the petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed against them without naming them; but the court must make publication as in case of nonresidents, describing such unknown parties as near as may be by the character in which they are made parties and with reference to their interest in the lands sought to be sold, and must appoint a suitable and competent person not of kin or counsel to the petitioner, as special guardian to represent such unknown parties. The shares or interests of such unknown parties, in the proceeds of lands sold for division, shall be paid into court and there retained and paid out to the proper parties when ascertained. (Code 1896, §162; Code 1907, §2626; Code 1923, §5855; Code 1940, T. 61, §250.)
AL Code § 43-2-448 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-448 - Duties and Compensation of Guardian Ad Litem and Special Guardian.

Section 43-2-448Duties and compensation of guardian ad litem and special guardian. The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and, if necessary, must employ counsel to defend the interests of those he represents. He is entitled to reasonable compensation, to be fixed by the court, and taxed and collected as costs. (Code 1867, §2224; Code 1876, §2454; Code 1886, §2110; Code 1896, §163; Code 1907, §2627; Code 1923, §5856; Code 1940, T. 61, §251.)
AL Code § 43-2-450 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-450 - Order of Sale for Payment of Debts.

Section 43-2-450Order of sale for payment of debts. On the hearing of such application, and when the application is by an executor or administrator with the will annexed, that no power is given by the will for that purpose, the court may direct the sale of all, or such portion of the real estate as may be necessary to pay the debts; and such sale may be had on such credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086; Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858; Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)
AL Code § 43-2-451 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-451 - Proof of Facts on Application to Sell for Division; Order of Sale.

Section 43-2-451Proof of facts on application to sell for division; order of sale. The facts stated in an application to sell land for distribution may be proved or disproved by the deposition of disinterested witnesses, or by oral examination of disinterested witnesses in open court, which must be reduced to writing, filed and recorded; and if the facts stated in such application are proven to the satisfaction of the court by the evidence, the court may order a sale of the land, which must be sold on such terms as the court may direct, not exceeding a credit of three years. (Code 1852, §1872; Code 1867, §2228; Code 1876, §2457; Code 1886, §2113; Code 1896, §166; Code 1907, §2630; Code 1923, §5859; Code 1940, T. 61, §254.)
AL Code § 43-2-452 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-452 - When Depositions Required.

Section 43-2-452When depositions required. No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing the necessity of such sale; and such evidence must be taken, whether the allegations in the petition are denied or not by the guardian appointed by the court to represent the minors or persons of unsound mind or unknown parties; and any order of sale and sale, made without a compliance with the requisitions of this section, shall be wholly void. (Code 1867, §2225; Code 1876, §2458; Code 1886, §2114; Code 1896, §167; Code 1907, §2631; Code 1923, §5861; Code 1940, T. 61, §255.)
AL Code § 43-2-453 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-453 - Evidence of Title.

Section 43-2-453Evidence of title. In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application. (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5881; Code 1940, T. 61, §275.)
AL Code § 43-2-454 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 17 - Renting and Sale of Real Estate.|Division 1 - For Payment of Debts and for Division.|Section 43-2-454 - Dismissal of Application Upon Failure of Proof.

Section 43-2-454Dismissal of application upon failure of proof. If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which execution may issue against him and his sureties. (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Code 1896, §168; Code 1907, §2632; Code 1923, §5862; Code 1940, T. 61, §256.)