In making settlements of an administration, the executor or administrator must proceed as follows:
He must make out an account between himself and the estate he represents, charging himself with all the assets of the deceased which have come into his possession, except the lands, and crediting himself with all the credits he is by law entitled to; which account, verified by his oath, must be filed with the judge of probate of the court having jurisdiction.
With such account he must also file written evidence in his possession, on which he relies to sustain the credit side of such account, which may consist of an affidavit or any other legal evidence, in the discretion of the executor or administrator.
He must, at the same time, file a statement, on oath, of the names of the heirs and legatees of such estate, specifying particularly which are under the age of 19 years; and, if any of them are persons of unsound mind, it must be stated; but if the names, ages or condition of such heirs or legatees are unknown and they reside out of the state, they may be made parties as unknown heirs or legatees.
He must state the sum of funds of the estate which he has used for his own benefit, the time and the profit resulting from such use, if over legal interest, or, if he has not so used any of the funds of the estate for his own benefit, he must expressly deny on oath that he has so used such funds, and any party interested in the the estate may contest the same.
He shall be allowed all reasonable premiums paid on his bond as administrator or executor.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 18 - Settlements and Distributions.
Division 1 - General Provisions.
Section 43-2-500 - When Annual or Partial Settlement Required.
Section 43-2-501 - When Final Settlement May Be Made.
Section 43-2-502 - Filing of Account, Etc. - Generally.
Section 43-2-503 - Filing of Account, Etc. - Liability for Failure to File Statement.
Section 43-2-504 - Appointment of Guardian Ad Litem.
Section 43-2-505 - Time for Settlement; Notice Generally.
Section 43-2-506 - Settlement by Consent Without Notice.
Section 43-2-507 - Auditing of Account; Proof of Credits.
Section 43-2-508 - Satisfaction of Claims.
Section 43-2-509 - Liability of Executor or Administrator for Interest or Profits.
Section 43-2-510 - Credit for Expenses of Minor Distributees.
Section 43-2-511 - Contest of Account - Generally.
Section 43-2-512 - Contest of Account - Showing of Failure to Discharge Trust, Etc.
Section 43-2-513 - Contest of Account - Examination of Witnesses.
Section 43-2-514 - Contest of Account - Reduction or Disallowance of Item.
Section 43-2-515 - Contest of Account - Withdrawal of Item.
Section 43-2-516 - Decree Passing Account as Stated.
Section 43-2-517 - Appointment and Compensation of Special Guardian.
Section 43-2-518 - Reexamination of Items Included in Previous Settlements.