Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition.
Structure Code of Alabama
Article 3 - Partition in Probate Court.
Section 35-6-40 - Property Subject to Partition; by Whom Application Made.
Section 35-6-41 - Partition of Land Lying Partly in Different Counties.
Section 35-6-42 - Contents of Application.
Section 35-6-43 - Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.
Section 35-6-44 - Proceedings Against Unknown Persons and Certain Other Parties Defendant.
Section 35-6-45 - Decree for Partition; Appointment of Commissioners; Minors' Interests Considered.
Section 35-6-46 - Oath of Commissioners; Duties Generally.
Section 35-6-47 - Notice of Partition.
Section 35-6-48 - Determination and Statement by Commissioners.
Section 35-6-49 - Filing and Recordation of Application, etc.; Record as Evidence.
Section 35-6-50 - Partition Vests Title; Annulment by Circuit Court.
Section 35-6-51 - Effect of Partition on Liens.
Section 35-6-52 - Completion of Partition by Substitute Commissioner.
Section 35-6-53 - Fees of Commissioners.
Section 35-6-54 - Costs and Expenses.
Section 35-6-55 - Partition Not Made When Adverse Claim or Title Asserted.
Section 35-6-56 - Remedy Not Exclusive.
Section 35-6-57 - Sale Instead of Partition - When Sale Ordered.
Section 35-6-59 - Sale Instead of Partition - Time for Hearing.
Section 35-6-61 - Sale Instead of Partition - Evidence.
Section 35-6-63 - Sale Instead of Partition - Payment and Distribution of Purchase Money.
Section 35-6-64 - Sale Instead of Partition - Completion of Sale by Substitute Commissioner.
Section 35-6-65 - Article Applicable to Executors or Administrators of Deceased Parties.
Section 35-6-66 - Article Not Applicable to Partition of Crops.