Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by the personal representative will be necessary for purposes of administration. A request in writing by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, receive the income therefrom, and pay the expenses reasonably necessary for the management, protection, and preservation of, the estate in the possession of the personal representative. The personal representative may maintain an action to recover possession of property or to determine the title thereto.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 20 - Probate Procedure Act.
Section 43-2-830 - Devolution of Estate at Death; Restrictions.
Section 43-2-831 - Time of Accrual of Duties and Powers.
Section 43-2-832 - Priority Among Different Letters.
Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception.
Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement.
Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory.
Section 43-2-837 - Duty of Personal Representative; Possession of Estate.
Section 43-2-838 - Power to Avoid Transfers.
Section 43-2-839 - Powers of Personal Representatives; in General.
Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty.
Section 43-2-842 - Persons Dealing With Personal Representative; Protection.
Section 43-2-843 - Transactions Authorized for Personal Representatives; Exceptions.
Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval.
Section 43-2-845 - Powers and Duties of Successor Personal Representative.
Section 43-2-846 - Co-Representatives; When Joint Action Required.
Section 43-2-847 - Powers of Surviving Personal Representative.
Section 43-2-848 - Compensation of Personal Representative.
Section 43-2-849 - Expenses in Estate Litigation.
Section 43-2-852 - Terms and Requirements of Bonds.