(a) If the executor or administrator fails, within the time required by law, to report any sale of lands made by him under the provisions of this article, the purchaser, or his heirs, or any other person claiming under him directly or derivatively, may, on motion in the probate court, have citation to issue to such executor or administrator, citing him to appear within 20 days from the date of the service of the citation, and report the sale; and if such executor or administrator is then a nonresident of the state, or his place of residence is unknown to the party asking for the citation, the court, on affidavit being made of either of these facts, must cause service of such citation to be made by publication, once a week 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 of such county.
(b) If the executor or administrator fails to appear and report the sale, as required by such citation, the probate court must, on the day such executor or administrator is cited to appear, or on such other day as may be set by the court, proceed to hear evidence touching the regularity of the sale, the compliance with the terms of sale, and the adequacy of the price bid for the lands; and if from the evidence the court is satisfied that the sale was regular and fair, that the purchase money has been paid or secured, according to the terms of sale, and that the amount bid at the sale is an adequate price for the lands, an order confirming the sale, and, if the sale was for cash, and the purchase money has been paid, designating and authorizing some person to convey the title to the lands to the party entitled thereto, must be made.
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.