In any case in which an administration is conducted pursuant to letters testamentary or letters of administration with the will annexed granted in this state and all legatees and distributees named in the will are of age and proof is made that all legal charges against the estate have been paid in full, the probate court, upon verified petition of the personal representative consented to by written instrument properly executed and acknowledged by all legatees and distributees, may approve a consent settlement without notice or publication or posting. In any case in which an administration is conducted pursuant to letters testamentary or letters of administration granted in this state and such administration in this state is ancillary to a primary administration in another state, and proof is made that all legal charges against the estate in this state have been paid in full and the balance of the assets of the estate in this state have been delivered to the executor or personal representative in the state of primary administration, the probate court, upon verified petition of the executor or personal representative appointed in this state consented to by the executor or personal representative in the state of primary administration, may approve a consent settlement without notice or publication or posting. In all other cases, when all heirs and next of kin are of age and proof is made that all legal charges against the estate have been paid in full, the probate court, upon verified petition of the personal representative consented to by written instrument properly executed and acknowledged by all heirs and next of kin, may approve a consent settlement without notice or publication or posting. In any of the above enumerated cases in which a minor or person of unsound mind may be a distributee or legatee and such minor or person of unsound mind has a guardian, duly appointed by any court of this state, and such guardian is not adversely interested to his ward in said settlement, such guardian may approve a consent settlement as evidenced by his consent in writing, if properly executed and acknowledged.
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.