(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.
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.