(a) If, on final settlement, any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime or with the executor or administrator in his representative capacity, the court shall allow the same in favor of the executor or administrator, as a setoff against the distributive share of such distributee or legatee and shall decree satisfaction of his distributive share to the extent of such debt or demand; but the distributee or legatee may make any defense to the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against such distributee or legatee for the excess, when the debt is greater in amount than the distributive share; nor shall the executor or administrator be prevented from prosecuting a civil action in the proper court for any excess that may be due him from such distributee or legatee.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 18 - Settlements and Distributions.
Division 6 - Distribution or Division on Final Settlement.
Section 43-2-620 - Orders of Distribution - Generally.
Section 43-2-621 - Orders of Distribution - to Whom Directed; Contents.
Section 43-2-622 - Orders of Distribution - Oath; Return; Exceptions to Report.
Section 43-2-623 - Confirming or Setting Aside Distribution; When Sale May Be Directed.
Section 43-2-624 - How Sale Advertised and Made.
Section 43-2-625 - Delivery of Property Upon Confirmation.
Section 43-2-626 - Division, Sale or Assignment of Judgments or Claims.
Section 43-2-627 - Setting Off Indebtedness of Distributee or Legatee.
Section 43-2-628 - Discharge of Executor or Administrator From Liability.
Section 43-2-629 - Disposition of Personal Estate of Foreign Decedent.