The jurisdiction of the probate court to make partial or final settlements or distributions of the estates of decedents is not affected by the fact that the executor or administrator making the settlement is also guardian of any heir or distributee, devisee or legatee of the decedent; but in such case the court must appoint a special guardian, without bond, to represent such heir or distributee, devisee or legatee on the settlement and distribution; and, upon final settlement, any decree to which such ward may be entitled must be rendered against the executor or administrator in the name of the special guardian for the use of the ward; and thereafter the executor or administrator, in the capacity of guardian, shall be accountable for such decree. The special guardian shall be entitled to reasonable compensation for his services and for the services of counsel properly employed to be allowed by the court and to be paid by such general guardian out of the estate of the ward.
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.