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.
Structure 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 43-2-440 - Renting of Lands.
Section 43-2-442 - Authorization to Sell - in Case of Intestacy.
Section 43-2-443 - Authorization to Sell - Sale for Division.
Section 43-2-444 - Application for Sale.
Section 43-2-445 - Notice and Hearing Generally; Time for Hearing; Appointment of Guardian Ad Litem.
Section 43-2-446 - Notice to Nonresidents.
Section 43-2-448 - Duties and Compensation of Guardian Ad Litem and Special Guardian.
Section 43-2-450 - Order of Sale for Payment of Debts.
Section 43-2-451 - Proof of Facts on Application to Sell for Division; Order of Sale.
Section 43-2-452 - When Depositions Required.
Section 43-2-453 - Evidence of Title.
Section 43-2-454 - Dismissal of Application Upon Failure of Proof.
Section 43-2-455 - Advertisement of Sale.
Section 43-2-456 - Applicability of Sections 43-2-414, 43-2-416 and 43-2-417.
Section 43-2-457 - How Purchase Money Secured.
Section 43-2-458 - Place of Sale.
Section 43-2-459 - Report and Examination of Sale - Generally.
Section 43-2-460 - Report and Examination of Sale - Notice and Hearing.
Section 43-2-461 - Setting Aside Sale; Resale.
Section 43-2-462 - Confirmation of Sale.
Section 43-2-463 - Report of Payment of Purchase Money.
Section 43-2-464 - Conveyance.
Section 43-2-465 - Right of Purchaser to Cite Executor or Administrator to Report Sale.
Section 43-2-467 - Correction of Mistake in Description of Lands Sold.
Section 43-2-468 - Sale or Division of Land Received on Compromise.