If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him and his sureties; but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties interested in the estate, or out of the estate, as the court may direct.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 19 - Insolvent Estates.
Division 1 - General Provisions.
Section 43-2-700 - Order and Preference of Payment of Debts.
Section 43-2-701 - Report of Insolvency - Generally.
Section 43-2-702 - Report of Insolvency - Statement to Be Filed With Report.
Section 43-2-703 - Report of Insolvency - Affidavit Accompanying Report and Statement.
Section 43-2-704 - Time for Hearing; Notice of Hearing.
Section 43-2-705 - Trial of Issue of Insolvency to Be by Jury.
Section 43-2-706 - Payment of Costs.
Section 43-2-707 - Declaration of Insolvency.
Section 43-2-708 - Second Declaration by Succeeding Administrator Not Necessary.