reglab/housing_qa huggingface dataset:
AL Code § 43-2-152 (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 43-2-152 - Enforcement of Judgment Rendered Against Decedent Before His Death.

Section 43-2-152Enforcement of judgment rendered against decedent before his death. When a judgment has been entered against a decedent before his death, no execution can issue thereon against his personal representative, except in the case provided for in section 6-9-62; but such judgment may be revived against his personal representative by appropriate action or motion after the lapse of six months from the grant of letters; and sections 43-2-709 and 43-2-810 through 43-2-812 are applicable to such proceeding. (Code 1852, §1930; Code 1867, §2289; Code 1876, §2633; Code 1886, §2280; Code 1896, §349; Code 1907, §2816; Code 1923, §6055; Code 1940, T. 61, §132.)
AL Code § 43-2-153 (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 43-2-153 - Enforcement of Judgment of Circuit Court Against Representative.

Section 43-2-153Enforcement of judgment of circuit court against representative. When any judgment is entered in the circuit court against any executor or administrator, as such, and an execution thereon has been returned "no property" by the sheriff or other officer of the county in which such judgment was entered, an execution may issue against the executor or administrator personally, to be levied on his goods and chattels, lands and tenements. (Code 1852, §1923; Code 1867, §2282; Code 1876, §2620; Code 1886, §2278; Code 1896, §347; Code 1907, §2814; Code 1923, §6053; Code 1940, T. 61, §130.)
AL Code § 43-2-154 (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 43-2-154 - Purchase of Property Sold Under Execution.

Section 43-2-154Purchase of property sold under execution. The executor or administrator of any decedent may purchase for the estate property sold under any judgment of the circuit court or under any execution in his favor as such executor or administrator. (Code 1886, §2281; Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Code 1940, T. 61, §133.)
AL Code § 43-2-155 (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 43-2-155 - Right of Succeeding Representative to Execution.

Section 43-2-155Right of succeeding representative to execution. Any subsequent administrator, or administrator with the will annexed, may have execution on any judgment recovered by any person who preceded him in the administration of the same estate, without reviving the same or without proceeding to notify the defendant in such judgment. (Code 1852, §1926; Code 1867, §2285; Code 1876, §2623; Code 1886, §2279; Code 1896, §348; Code 1907, §2815; Code 1923, §6054; Code 1940, T. 61, §131.)
AL Code § 43-2-270 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 1 - General Provisions.|Section 43-2-270 - Filing and Recordation of Resignation.

Section 43-2-270Filing and recordation of resignation. An executor or administrator may, by a writing subscribed by him, resign; and his resignation must be filed and entered of record in the court having jurisdiction of the administration. (Code 1852, §1718; Code 1867, §2039; Code 1876, §2408; Code 1886, 2060; Code 1896, §107; Code 1907, §2576; Code 1923, §5799; Code 1940, T. 61, §172.)
AL Code § 43-2-271 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 1 - General Provisions.|Section 43-2-271 - Liability for Assets Upon Resignation.

Section 43-2-271Liability for assets upon resignation. In case of resignation, the executor or administrator and his sureties are bound for all the assets not administered, which have not been delivered over to his successor. (Code 1852, §1719; Code 1867, §2040; Code 1876, §2409; Code 1886, §2061; Code 1896, §108; Code 1907, §2577; Code 1923, §5800; Code 1940, T. 61, §173.)
AL Code § 43-2-272 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 1 - General Provisions.|Section 43-2-272 - Duty of Probate Court to Grant Letters of Administration Upon Vacancy.

Section 43-2-272Duty of probate court to grant letters of administration upon vacancy. (a) If the sole executor or all the executors die, resign or are removed, the probate court having jurisdiction of the estate must grant letters of administration, with will annexed, to the person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is removed, the probate court having jurisdiction of the estate must grant letters of administration of the goods and chattels, rights and credits, unadministered, to the person entitled thereto, as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886, §2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)
AL Code § 43-2-274 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 1 - General Provisions.|Section 43-2-274 - Appointment of Administrator After Final Settlement.

Section 43-2-274Appointment of administrator after final settlement. After a final settlement, there being personally not administered which requires an administrator for the proper disposition thereof, the judge of probate of the proper county must proceed to appoint a suitable person as administrator who shall give bond as required by law and administer the personal estate of the decedent not already administered. (Code 1940, T. 61, §177.)
AL Code § 43-2-275 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 1 - General Provisions.|Section 43-2-275 - Removal of Resident Executor From State.

Section 43-2-275Removal of resident executor from state. The removal of any resident executor from this state to any other state or territory of the United States shall not be cause for his removal from the office of executor; but, on and after his removal, he shall in all respects be regarded and treated as a nonresident executor, and the provisions of article 8 of this chapter shall be applicable to him. Upon such removal, his sureties may require him to resign and make final settlement of his accounts or give a new bond as such executor. (Code 1876, §2384; Code 1886, §2043; Code 1896, §89; Code 1907, §2565; Code 1923, §5788; Code 1940, T. 61, §150.)
AL Code § 43-2-290 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-290 - Causes of Removal Generally.

Section 43-2-290Causes of removal generally. An administrator may be removed, and his letters revoked for his removal from the state; and an administrator or executor may be removed and his letters revoked for any of the following causes: (1) Imbecility of mind; intemperance; continued sickness, rendering him incapable of the discharge of his duties; or when from his conduct or character there is reason to believe that he is not a suitable person to have the charge and control of the estate. (2) Failure to make and return inventories or accounts of sale; failure to make settlements as required by law; or the failure to do any act as such executor or administrator, when lawfully required by the judge of probate. (3) The wasting, embezzlement or any other maladministration of the estate. (4) The using of any of the funds of the estate for his own benefit. (5) A sentence of imprisonment in the penitentiary, county jail or for hard labor for the county for a term of 12 months or more. (Code 1852, §1696; Code 1867, §2017; Code 1876, §2386; Code 1886, §2045; Code 1896, §92; Code 1907, §2566; Acts 1919, No. 37, p. 40; Code 1923, §5789; Code 1940, T. 61, §178.)
AL Code § 43-2-291 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-291 - Rights Terminated by Sentence of Imprisonment.

Section 43-2-291Rights terminated by sentence of imprisonment. A sentence of imprisonment in the penitentiary, imprisonment in the county jail or hard labor for the county, for a term of 12 months or more, terminates the right of the convict to execute the office of executor or administrator, in the same manner as if he had been removed from office and extinguishes all private trusts not susceptible of delegation by him. (Code 1852, §263; Code 1867, §3811; Code 1876, §4511; Code 1886, §4505; Code 1896, §5427; Code 1907, §7636; Code 1923, §5292; Code 1940, T. 61, §179.)
AL Code § 43-2-292 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-292 - Additional Bond May Be Required; Removal for Default.

Section 43-2-292Additional bond may be required; removal for default. An executor or administrator may also be required to give additional bond and, in default thereof, may be removed and his letters revoked, in the following cases: (1) When it is shown to the court by his sureties, or either of them, that he has become, or is likely to become, insolvent, and that they have sustained, or probably will sustain, loss thereby. (2) When his letters have been granted on insufficient security, or the security has become insufficient since the grant, or any of his sureties have died or have removed from the state. (3) When the penalty of the bond is not sufficient to secure the due performance of the trusts committed to him. (Code 1852, §1697; Code 1867, §2018; Code 1876, §2387; Code 1886, §2046; Code 1896, §93; Code 1907, §2567; Code 1923, §5790; Code 1940, T. 61, §180.)
AL Code § 43-2-293 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-293 - Application for Removal or Additional Bond.

Section 43-2-293Application for removal or additional bond. Application for the removal of any executor or administrator, or for an additional bond, must be in writing, verified by oath, must specify the grounds of complaint and must be made to the court from which letters issued, or in which the administration is pending; and may be made by any creditor, legatee, devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389; Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61, §181.)
AL Code § 43-2-294 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-294 - Service of Citation.

Section 43-2-294Service of citation. A citation to such executor or administrator to appear and answer the application on a day specified therein must be served on him five days before the hearing of the complaint. (Code 1852, §1700; Code 1867, §2021; Code 1876, §2390; Code 1886, §2048; Code 1896, §95; Code 1907, §2569; Code 1923, §5792; Code 1940, T. 61, §182.)
AL Code § 43-2-295 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-295 - Notice by Publication.

Section 43-2-295Notice by publication. If such executor or administrator is not an inhabitant of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to the judge, he must direct notice of such application to be given by publication 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 thereof; and the applicant must pay the expense of such publication, which may be taxed as costs. (Code 1852, §§1701, 1702; Code 1867, §§2022, 2023; Code 1876, §§2391, 2392; Code 1886, §2049; Code 1896, §96; Code 1907, §2570; Code 1923, §5793; Code 1940, T. 61, §183.)
AL Code § 43-2-296 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-296 - Trial.

Section 43-2-296Trial. On the day specified in the citation, or after publication as required, or on any day thereafter to which the hearing may be continued, the court must proceed to hear the evidence, and may, in its discretion, examine the parties; and when the application charges embezzlement, waste or any other maladministration of the estate, either party is entitled to a trial by jury. (Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876, §§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794; Code 1940, T. 61, §184.)
AL Code § 43-2-297 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-297 - Costs.

Section 43-2-297Costs. If the application is determined against the applicant, he, otherwise the executor or administrator, must be taxed with the costs, for which execution may be issued. (Code 1852, §1705; Code 1867, §2026; Code 1876, §2395; Code 1886, §2051; Code 1896, §98; Code 1907, §2572; Code 1923, §5795; Code 1940, T. 61, §185.)
AL Code § 43-2-298 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-298 - Order to Give Additional Bond.

Section 43-2-298Order to give additional bond. If an additional bond is required by the court, an order must be made to that effect, allowing such time to give the same as the court may think reasonable; and if such order is not complied with within the time prescribed, the executor or administrator must be removed and his letters revoked. (Code 1852, §§1706, 1707; Code 1867, §§2027, 2028; Code 1876, §§2396, 2397; Code 1886, §2052; Code 1896, §99; Code 1907, §2573; Code 1923, §5796; Code 1940, T. 61, §186.)
AL Code § 43-2-299 (2021)
2021 Code of Alabama|Title 43 - Wills and Decedents' Estates.|Chapter 2 - Administration of Estates.|Article 12 - Resignation, Removal, etc., of Executors or Administrators.|Division 2 - Removal and Proceedings to Require New or Additional Bond.|Section 43-2-299 - Removal or Additional Bond on Motion of Court.

Section 43-2-299Removal or additional bond on motion of court. Whenever the judge of probate has reason to believe that any just ground or cause of removal exists, or that an additional bond should be required of an executor, or administrator, he may cause a citation to be served on such executor or administrator, requiring him to appear on a day therein named, five days after service thereof, and show cause why he should not be removed, or give an additional bond, as the case may be; and if no sufficient cause is shown, the court may remove such executor or administrator, or require him to give an additional bond; and, if an additional bond is required, on failure to give the same within the time prescribed the court may remove him. (Code 1852, §§1708, 1709; Code 1867, §§2029, 2030; Code 1876, §§2398, 2399; Code 1886, §2053; Code 1896, §100; Code 1907, §2574; Code 1923, §5797; Code 1940, T. 61, §187.)
AL Code § 43-2-350 (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 43-2-350 - Time and Manner of Filing Claims - Generally.

Section 43-2-350Time and manner of filing claims - Generally. (a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by section 43-2-352. All claims not so presented and filed are forever barred, and the payment or allowance thereof is prohibited. But this subsection shall not apply to claims of personal representatives to compensation for their services as such, nor to sums properly disbursed by them in the course of administration. (b) All claims against the estate of a decedent, other than the claims referred to in subsection (a) of this section, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61 must be allowed 30 days after notice within which to present the claim, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited. Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted. Claims which have not been filed and which are liens against the property of the decedent may be paid by the personal representative to protect the assets of the estate. The provisions of this subsection do not apply to heirs or devisees claiming as heirs or devisees. (Code 1852, §§1883, 1884; Code 1867, §§2239, 2240; Code 1876, §§2597, 2598; Code 1886, §§2081, 2082; Code 1896, §§129, 130, 132; Code 1907, §§2589, 2590, 2592; Code 1923, §§5814, 5815, 5817; Acts 1931, No. 722, p. 839; Acts 1931, No. 723, p. 840; Code 1940, T. 61, §§210, 211, 213; Acts 1989, No. 89-811, p. 1618, §3.)
AL Code § 43-2-351 (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 43-2-351 - Time and Manner of Filing Claims - Exception as to Minors or Persons of Unsound Mind.

Section 43-2-351Time and manner of filing claims - Exception as to minors or persons of unsound mind. The provisions of subsection (b) of section 43-2-350 do not apply to minors or persons of unsound mind who have no legal guardian at the time of the grant of letters testamentary or of administration; 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 present their claims. (Code 1852, §1884; Code 1867, §2240; Code 1876, §2598; Code 1886, §2082; Code 1896, §131; Code 1907, §2591; Code 1923, §5816; Code 1940, T. 61, §212.)
AL Code § 43-2-352 (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 43-2-352 - Verification of Claims.

Section 43-2-352Verification of claims. The presentation must be made by filing a verified claim, or a verified statement thereof, in the office of the judge of probate in which letters are granted, and the same must be docketed with a note of the date of such presentation; and, if required, a statement must be given by such judge, showing the date of presentation. Every such claim or statement thereof so presented must be verified by the oath of the claimant or some person having knowledge of the correctness thereof, and that the amount claimed is justly due, or to become due, after allowing all proper credits. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. All claims not presented within six months from the granting of letters testamentary or letters of administration shall be forever barred, and the payment or allowance thereof is prohibited. But this section shall not apply to claims of executors or administrators to compensation for their services as such, nor to sums properly disbursed by them in the course of administration. (Code 1852, §1885; Code 1867, §2241; Code 1876, §2599; Code 1886, §2083; Code 1896, §133; Code 1907, §2593; Code 1923, §5818; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §214.)
AL Code § 43-2-353 (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 43-2-353 - Revival of Pending Action Considered as Presentation.

Section 43-2-353Revival of pending action considered as presentation. The revival of any action pending against any person at the time of his death, which by law survives against his personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a presentation of the claim on which the action is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code 1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940, T. 61, §215.)