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Division 1 - General Provisions.
Section 43-2-500 - When Annual or Partial Settlement Required. - Every executor or administrator must make annual settlements of his...
Section 43-2-501 - When Final Settlement May Be Made. - Final settlement may be made at any time after six...
Section 43-2-502 - Filing of Account, Etc. - Generally. - In making settlements of an administration, the executor or administrator...
Section 43-2-503 - Filing of Account, Etc. - Liability for Failure to File Statement. - If such statement is not filed, the executor or administrator...
Section 43-2-504 - Appointment of Guardian Ad Litem. - The court must appoint a competent attorney-at-law as guardian ad...
Section 43-2-505 - Time for Settlement; Notice Generally. - (a) Upon the filing of such account, vouchers, evidence, and...
Section 43-2-506 - Settlement by Consent Without Notice. - In any case in which an administration is conducted pursuant...
Section 43-2-507 - Auditing of Account; Proof of Credits. - On the day appointed or any other day to which...
Section 43-2-508 - Satisfaction of Claims. - Any judge of probate, clerk or register of any circuit...
Section 43-2-509 - Liability of Executor or Administrator for Interest or Profits. - If any executor or administrator uses any of the funds...
Section 43-2-510 - Credit for Expenses of Minor Distributees. - (a) When the estate of a decedent is solvent, the...
Section 43-2-511 - Contest of Account - Generally. - Any person interested may appear and contest any item of...
Section 43-2-512 - Contest of Account - Showing of Failure to Discharge Trust, Etc. - Upon final settlement, any person contesting may also show that...
Section 43-2-513 - Contest of Account - Examination of Witnesses. - The depositions of witnesses may be taken on interrogatories and...
Section 43-2-514 - Contest of Account - Reduction or Disallowance of Item. - If any item as charged by the executor or administrator...
Section 43-2-515 - Contest of Account - Withdrawal of Item. - The executor or administrator may, before the decision of the...
Section 43-2-516 - Decree Passing Account as Stated. - On auditing the account, the court must state the same...
Section 43-2-517 - Appointment and Compensation of Special Guardian. - The jurisdiction of the probate court to make partial or...
Section 43-2-518 - Reexamination of Items Included in Previous Settlements. - Upon the final settlement, any item of account included in...
Section 43-2-519 - Notice of Annual or Partial Settlement; Conclusiveness of Order or Decree; Reopening Account. - Whenever any administrator or executor shall file any annual, partial...
Division 2 - Compelling Settlement by Existing Executor or Administrator.
Section 43-2-530 - Authorization to Compel Settlement. - Any executor or administrator may be required by citation to...
Section 43-2-531 - Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account. - After stating such account, the court must issue a citation...
Section 43-2-532 - Proceedings on Settlement of Account. - On the day appointed for auditing such account, any person...
Section 43-2-533 - Setting Aside Decree. - If, however, such executor or administrator appears and files his...
Division 3 - Compelling Settlement of Executor or Administrator Whose Authority Has Ceased.
Section 43-2-550 - Final Settlement Required Following Death, Removal or Resignation of Executor or Administrator. - When an executor or administrator dies, resigns or is removed,...
Section 43-2-551 - Making Succeeding Executor or Administrator Party to Settlement. - The remaining or succeeding executor or administrator of the estate...
Section 43-2-552 - Decree for Balance - Generally. - If there remains any act of administration to be done,...
Section 43-2-553 - Decree for Balance - Decree in Favor of Outgoing Executor or Administrator; Insolvent Estates. - If, on such settlement, a balance is ascertained to be...
Section 43-2-554 - When Execution May Be Stayed. - The probate court may stay execution on any decree rendered...
Section 43-2-555 - Stating Account or Compelling Settlement by Attachment. - If such outgoing executor or administrator or, if dead, his...
Section 43-2-556 - Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account. - After stating such account, the court must issue citation to...
Section 43-2-557 - Proceedings on Final Settlement of Account. - On the day appointed for auditing such account, any person...
Section 43-2-558 - Setting Aside Decree. - If, however, such executor or administrator or, if dead, his...
Section 43-2-559 - Other Actions Not Barred. - The proceedings for the settlement of the accounts of deceased...
Section 43-2-560 - Settlement by Sureties of Deceased Executor or Administrator - Filing Account and Vouchers. - In case of the death of an executor or administrator...
Section 43-2-561 - Settlement by Sureties of Deceased Executor or Administrator - Making Representative of Deceased Executor or Administrator Party to Settlement. - Should an administrator or executor of such deceased executor or...
Section 43-2-562 - Settlement by Sureties of Deceased Executor or Administrator - Petition for Order Requiring Sureties to Make Settlement. - In any case where an executor or administrator shall die...
Section 43-2-563 - Settlement by Sureties of Deceased Executor or Administrator - Conclusiveness of Settlement. - In all such cases provided for in section 43-2-562, the...
Section 43-2-564 - Settlement by Sureties of Deceased Executor or Administrator - Execution Against Sureties. - Execution and all other final process may issue against the...
Division 4 - Compelling Payment of Legacies.
Section 43-2-580 - When Legatee or Widow Entitled to Compel Payment. - After the expiration of six months from the grant of...
Section 43-2-581 - Application. - The application for such purpose must be in writing, verified...
Section 43-2-582 - Time for Hearing; Notice to Executor or Administrator. - The court must appoint a day for hearing such application,...
Section 43-2-583 - Conduct of Hearing; When Payment or Delivery Directed. - On the day appointed or on any other day to...
Section 43-2-584 - Refunding Bond. - Such refunding bond must be payable to the executor or...
Section 43-2-585 - Enforcement of Payment or Delivery. - If the legacy is not payable in money, the value...
Section 43-2-586 - Applicability of Sections 43-2-581 Through 43-2-585 to Widow. - Sections 43-2-581 through 43-2-585 apply to the widow who has...
Division 5 - Arbitration on Settlement of Estates.
Section 43-2-600 - When Matters of Controversy May Be Referred to Arbitration. - On the settlement of the estate of a decedent, when...
Section 43-2-601 - Consent by Guardian. - If any person interested in such estate is an infant...
Section 43-2-602 - Appointment of Arbitrators. - The arbitrators must not exceed three in number and must...
Section 43-2-603 - Award - Generally. - The arbitrators must make their award in writing, and, within...
Section 43-2-604 - Award - Force and Effect; Execution. - If such award, or any part thereof, is for the...
Section 43-2-605 - Award - Setting Aside; Second Reference. - If such award is not approved by the court, it...
Section 43-2-606 - Award - Objections. - Any of the parties may, within 10 days after such...
Section 43-2-607 - Applicability of Certain Sections in Title 6. - Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to...
Division 6 - Distribution or Division on Final Settlement.
Section 43-2-620 - Orders of Distribution - Generally. - On the final settlement of an estate, the court may...
Section 43-2-621 - Orders of Distribution - to Whom Directed; Contents. - All orders of distribution must be directed to three disinterested...
Section 43-2-622 - Orders of Distribution - Oath; Return; Exceptions to Report. - (a) The persons therein named, or a majority of them,...
Section 43-2-623 - Confirming or Setting Aside Distribution; When Sale May Be Directed. - The court, for causes shown on such exceptions, or otherwise,...
Section 43-2-624 - How Sale Advertised and Made. - Such a sale must be advertised and made as sales...
Section 43-2-625 - Delivery of Property Upon Confirmation. - Upon the confirmation of any order of distribution, the executor...
Section 43-2-626 - Division, Sale or Assignment of Judgments or Claims. - (a) Any judgments or claims in favor of the estate,...
Section 43-2-627 - Setting Off Indebtedness of Distributee or Legatee. - (a) If, on final settlement, any distributee or legatee owes...
Section 43-2-628 - Discharge of Executor or Administrator From Liability. - When the estate has been fully administered and it is...
Section 43-2-629 - Disposition of Personal Estate of Foreign Decedent. - (a) When administration is taken out in this state on...
Division 7 - Distribution Before Settlement.
Section 43-2-640 - Authorization to Make Distribution - Distribution by Executor or Administrator. - When the executor or administrator is satisfied that the estate...
Section 43-2-641 - Authorization to Make Distribution - Distribution by Court After Six Months From Grant of Letters. - (a) The court may also, in case of intestacy, make...
Section 43-2-642 - Contents of Application. - Such application must be in writing, verified by affidavit, must...
Section 43-2-643 - Time for Hearing; Notice. - A day must be appointed for the hearing of such...
Section 43-2-644 - When Distribution Made; Limit on Amount. - On the day appointed, or on any other day to...
Section 43-2-647 - Refunding Bonds - Bond Stands as Security; Action on Bond. - (a) Such refunding bond stands as security for the executor...
Section 43-2-646 - Refunding Bonds - Recordation; Transcript as Evidence. - All refunding bonds provided for in this division must be...
Section 43-2-645 - Refunding Bonds - Required; Terms and Conditions. - Such order must not in any case be made, unless...
Section 43-2-648 - Refunding Bonds - Rights of Parties Among Themselves. - Any party making a payment on any refunding bond taken...
Section 43-2-649 - Costs. - If any application made under the provisions of this division...
Division 8 - Presumption of Settlement After 20 Years.
Section 43-2-660 - When Presumption Arises. - When the administration of the estate of a deceased person...
Section 43-2-661 - Petition to Establish Presumption. - An executor, administrator or surety on the bond of the...
Section 43-2-662 - Notice of Hearing on Petition. - Such notice must state the name of the executor or...
Section 43-2-663 - Contest. - Any person interested may appear and contest any statement in...
Section 43-2-664 - Order After Hearing. - Should the court find the allegations of the petition or...
Division 9 - Compensation, Commissions, Fees, Etc.
Section 43-2-682 - Court May Allow Compensation or Attorney's Fees Up to Time of Settlement. - Upon any annual, partial or final settlement made by any...
Section 43-2-683 - Previous Fees Considered Upon Final Settlement. - In the allowance of fees to executors or administrators and...
Division 10 - Summary Distribution of Small Estates.
Section 43-2-690 - Short Title. - This division shall be known as the "Alabama Small Estates...
Section 43-2-691 - Definitions. - For the purposes of this division, the following words and...
Section 43-2-692 - Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration. - (a) The surviving spouse, if there is one, otherwise the...
Section 43-2-693 - Entry of Order Directing Summary Distribution. - When all of the applicable conditions enumerated in subsection (b)...
Section 43-2-694 - Transfer of Property or Evidence of Rights Therein to Surviving Spouse or Distributees. - Upon delivering a copy of the judge's order for summary...
Section 43-2-695 - Limitation on Defeasible Rights of Surviving Spouse or Distributees. - The defeasible right of the surviving spouse or distributees provided...
Section 43-2-696 - Effect of Transfer Pursuant to Affidavit. - The person making payment, delivery, transfer or issuance of personal...
Division 11 - Medicaid Estate Recovery Program.
Section 43-2-697 - Notice to Medicaid Agency of Appointment as Personal Representative or Filing of Petition Under Section 43-2-692. - (a) The personal representative, or person filing to initiate a...
Section 43-2-697.01 - Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees. - (a) The Medicaid Agency may petition to open the probate...
Section 43-2-697.02 - Filing of Claim Against Estate of Medicaid Recipient. - (a) The Medicaid Agency may file a claim against the...
Section 43-2-697.03 - Liens Program. - The Medicaid Agency conducts a liens program in accordance with...