In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Article 3 - Intestate Succession.
Section 43-8-40 - Intestate Estate Generally.
Section 43-8-41 - Share of the Spouse.
Section 43-8-42 - Share of Heirs Other Than Surviving Spouse.
Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days.
Section 43-8-44 - When Estate Passes to State.
Section 43-8-45 - Division of Estate Where Representation Is Involved.
Section 43-8-46 - Inheritance by Relatives of Half Blood.
Section 43-8-47 - Inheritance by Afterborn Heirs.
Section 43-8-48 - Parent and Child Relationship.
Section 43-8-49 - Advancements.
Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried.
Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee.
Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements.
Section 43-8-53 - Controversy as to Advancements - Contest of Answer.
Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer.
Section 43-8-55 - Against Whom Debts Owed to Decedent Charged.
Section 43-8-56 - Alien Status Not a Disqualification to Inheriting.
Section 43-8-57 - Dower and Curtesy Abolished.
Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines.