Code of Alabama
Title 43 - Wills and Decedents' Estates.

Section 43-2-1 - Recordation of Letters and Bonds; Transcripts as Evidence. - All letters testamentary and of administration, general or special, and...

Article 2 - Grant of Letters Testamentary of Administration.

Division 1 - Grant of Letters Testamentary.

Section 43-2-20 - Generally. - Whenever a will has been admitted to probate in this...

Section 43-2-21 - Form. - Letters testamentary may be substantially in the following form: The...

Section 43-2-22 - Disqualification of Certain Persons to Serve as Executor or Administrator. - (a) No person must be deemed a fit person to...

Section 43-2-23 - Issuance of Letters to Married Woman. - It shall not be necessary, in order for letters testamentary...

Section 43-2-24 - Supplemental Letters for Minors and Married Women Upon Removal of Disability. - If the disability of a person under age or of...

Section 43-2-25 - Procedure for Renouncing Appointment. - Any person named as executor in a will may renounce...

Section 43-2-26 - Issuance of Letters to Others Named in Will Upon Renunciation or Failure to Apply by One Named. - If any person named as executor in the will renounces...

Section 43-2-27 - Letters of Administration Granted in Stated Order on Failure of Executor to Apply, Etc. - If no person is named in the will as executor,...

Section 43-2-28 - Death of Sole or Surviving Executor. - No executor of an executor can, as such, administer on...

Section 43-2-29 - Grant of Letters Testamentary After Revocation of Letters of Administration. - (a) If, after letters of administration have been granted as...

Division 2 - Grant of Letters of Administration.

Section 43-2-40 - Generally. - Courts of probate, within their respective counties, have authority to...

Section 43-2-41 - Form. - Letters of administration may be substantially in the following form:...

Section 43-2-42 - Order of Grant of Administration. - (a) Administration of an intestate's estate must be granted to...

Section 43-2-43 - Renunciation or Relinquishment of Right to Administration. - (a) Any person entitled to administration may relinquish his right...

Section 43-2-44 - Grant of Administration When More Than One Person Entitled Thereto; Preference of Whole Blood Over Half Blood. - If several persons of the same degree of kindred to...

Section 43-2-45 - Letters Not Granted Until Five Days After Intestate's Death; Examination of Applicants and Witnesses. - No letters of administration must be granted until the expiration...

Section 43-2-46 - Postponing Issuance of Letters During Time for Appeal. - When there are contesting applicants for letters testamentary or of...

Section 43-2-47 - Special Administrator Ad Colligendum. - (a) The judge of probate may, in any contest respecting...

Section 43-2-48 - Conclusiveness of Letters. - Letters testamentary or of administration and letters to a special...

Article 3 - Notice of Appointment of Executors or Administrators.

Section 43-2-60 - Generally; Time of Notice. - The personal representative must give notice of the appointment, stating...

Section 43-2-61 - Manner of Giving Notice. - Notice, as prescribed in section 43-2-60, must be given: (1)...

Section 43-2-62 - Penalty for Failure to Give Notice. - It is the duty of the judge of probate to...

Article 4 - Bonds of Executors and Administrators.

Section 43-2-82 - Liability of Judge of Probate, etc., in Taking Bond. - When a party is required to give a bond and...

Section 43-2-83 - Discharge of Surety; New Bond. - (a) Upon the application in writing of any surety or...

Section 43-2-84 - Bond of Applicant When Administration Committed to General Administrator or Sheriff. - (a) When administration is committed to the general administrator or...

Section 43-2-85 - Bond of General Administrator. - The general administrator of a county must give bond, with...

Section 43-2-86 - Additional Bond of General Administrator. - An additional bond may also be required of the general...

Section 43-2-87 - Additional Bond of Sheriff. - When the administration of any estate is committed to the...

Section 43-2-88 - When Sureties Discharged by Additional Bond. - When an additional bond is given on the application of...

Section 43-2-89 - Force and Obligations of Former Bonds Continued. - When the additional bond is not given on the application...

Section 43-2-90 - Rights of Sureties Among Themselves. - The sureties in either bond, who have been compelled to...

Section 43-2-91 - Bonds Valid and Operative as Statutory Bonds. - The bond of the general administrator of the county or...

Section 43-2-92 - Conditional Execution or Delivery of Bond. - A surety on the bond of the general administrator of...

Section 43-2-93 - Reducing Amount of Bond. - Upon the filing of any partial settlement by the executor...

Article 5 - Liability of Executors and Administrators.

Section 43-2-110 - Limits of Liability Generally. - No executor or administrator is liable, except in the case...

Section 43-2-111 - Liability for Damages Recovered Under Sections 6-5-391, 6-5-410 or 25-6-3. - The personal representative and the sureties on his bond are...

Section 43-2-112 - Executor or Administrator of Decedent Who Wasted or Converted Another Decedent's Assets. - The executor or administrator of any decedent who, as executor,...

Section 43-2-113 - Executor De Son Tort. - No person is liable to an action, as executor of...

Section 43-2-114 - Resignation as Defense. - No executor or administrator can allege his resignation in defense...

Article 6 - Actions by and Against Executors and Administrators.

Division 1 - General Provisions.

Section 43-2-130 - Venue; Service of Process. - Civil actions may be brought against executors or administrators in...

Section 43-2-131 - Limitation on Actions Against Executor or Administrator. - No civil action must be commenced against an executor or...

Section 43-2-132 - Actions Begun by Special Administrator Not Abated. - Civil actions commenced by a special administrator do not abate...

Section 43-2-133 - Succeeding Executor or Administrator to Be Made Party to Civil Actions. - When any civil action has been commenced by or against...

Section 43-2-134 - Judgments Against Administrators in Chief Revived Against Administrators De Bonis Non. - In all cases where judgment has been rendered against an...

Section 43-2-135 - Actions Against Survivor of Two or More Executors or Administrators. - If any one of two or more executors or administrators,...

Section 43-2-136 - Survival of Actions for Damages to Realty. - All proceedings to ascertain damages done to real property survive...

Section 43-2-137 - Action on Bond. - Civil actions may be brought or proceedings had on any...

Section 43-2-138 - Action by Legatee to Recover Legacy. - Any legatee, after six months from the grant of letters...

Section 43-2-139 - Inventory as Evidence. - In an action against an executor or administrator, in which...

Division 2 - Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives.

Section 43-2-150 - Enforcement of Judgments, etc., of Probate Court Against Representatives - Generally. - All judgments, orders, and decrees of the probate court against...

Section 43-2-151 - Enforcement of Judgments, etc., of Probate Court Against Representatives - Liability of Sureties. - When an execution against an executor or administrator, issued from...

Section 43-2-152 - Enforcement of Judgment Rendered Against Decedent Before His Death. - When a judgment has been entered against a decedent before...

Section 43-2-153 - Enforcement of Judgment of Circuit Court Against Representative. - When any judgment is entered in the circuit court against...

Section 43-2-154 - Purchase of Property Sold Under Execution. - The executor or administrator of any decedent may purchase for...

Section 43-2-155 - Right of Succeeding Representative to Execution. - Any subsequent administrator, or administrator with the will annexed, may...

Article 7 - County or General Administrators.

Section 43-2-170 - Appointment and Duties Generally; Term of Office. - Each judge of probate must appoint a suitable person as...

Section 43-2-171 - Time Delay for Committing Administration of Estate. - The administration of an estate must not be committed to...

Section 43-2-172 - Commitment of Administration to Sheriff. - In case there is no general administrator and no other...

Section 43-2-173 - Resignation and Removal - Generally. - (a) The general administrator may be removed for the same...

Section 43-2-174 - Resignation and Removal - Appointment of Successor. - Upon the resignation or removal of a general administrator from...

Section 43-2-175 - Record of Official Acts. - The general administrator must, from time to time, enter, in...

Article 8 - Nonresidents as Executors and Administrators.

Section 43-2-190 - Applications for Letters Testamentary or of Administration. - The application filed by a nonresident for letters testamentary or...

Section 43-2-191 - Appointment of Nonresident Executor - Generally. - Judges of probate are authorized to issue letters testamentary to...

Section 43-2-192 - Appointment of Nonresident Executor - Filing of Copies of Will and Letters Testamentary; Bond and Surety. - When the will has been probated in another state or...

Section 43-2-193 - Appointment of Nonresident Administrator. - When any nonresident dies, leaving assets in this state, if...

Section 43-2-194 - Manner of Administering and Settling Estate. - When letters are granted to a nonresident executor or administrator,...

Section 43-2-195 - Collection of Debts and Deposits by Nonresident Personal Representative. - The personal representative of a deceased person, by appointment of...

Section 43-2-196 - Right to Maintain Actions. - Nonresident executors or administrators appointed under the provisions of this...

Section 43-2-197 - Liability to Actions; Venue. - Civil actions may be brought against nonresident executors and administrators...

Section 43-2-198 - Service of Process - Generally. - Service of summons or other process may be made upon...

Section 43-2-199 - Service of Process - Citations or Notices, etc.; Return of Process. - Citations to make settlements and other citations or notices to...

Section 43-2-200 - Liability of Sureties to Execution. - Upon the return of an execution as provided in section...

Article 9 - Foreign Executors and Administrators.

Section 43-2-210 - Bond. - The judge of probate, in determining the amount of the...

Section 43-2-211 - Right to Maintain Actions and Recover or Receive Property in State. - Any executor or administrator who has obtained letters testamentary or...

Section 43-2-212 - Action Not Affected by Grant of Letters of Administration in State; Right of Intervention. - No civil action brought by any foreign executor or administrator,...

Section 43-2-213 - Plaintiff Required to Prove Compliance With Section 43-2-211. - Before a judgment is rendered in a civil action brought...

Section 43-2-214 - Protection Afforded by Delivery of Property or Recovery of Judgment. - A delivery of property or the recovery of judgment, under...

Article 10 - Administration of Estates of Persons Presumed Dead.

Section 43-2-230 - Applications for Letters of Administration. - Whenever letters of administration on the estate of any person...

Section 43-2-231 - Appointment of Personal Representative. - It shall be lawful for the respective probate courts of...

Section 43-2-232 - Hearing. - At the hearing, the probate court shall take such legal...

Section 43-2-233 - Publication of Notice of Presumption of Death. - If satisfied upon the hearing that the legal presumption of...

Section 43-2-234 - Issuance of Letters of Administration. - If, within the period of said 12 weeks, evidence satisfactory...

Section 43-2-236 - Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Substitution of Parties; Reopening Judgments. - After revocation of the letters, the person erroneously supposed to...

Section 43-2-235 - Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Distribution of Assets. - The probate court may revoke the said letters at any...

Section 43-2-237 - Costs. - The costs attending the issue of letters, or their revocation,...

Section 43-2-238 - Applicability of Other Laws Relating to Administration of Decedents' Estates. - All laws in this state with respect to procedure in...

Article 11 - Administrators Ad Litem.

Section 43-2-250 - Appointment. - When, in any proceeding in any court, the estate of...

Section 43-2-251 - Decree in Favor of Administrator Ad Litem. - When, in such proceedings, the estate represented by the administrator...

Section 43-2-252 - Execution on Money Decree or Judgment. - When such decree or judgment is for the recovery of...

Section 43-2-253 - Enforcement of Decree or Judgment for Recovery of Property. - When such decree or judgment is for the recovery of...

Section 43-2-254 - Enforcement of Decree or Judgment When Administrator Adversely Interested. - When such administrator ad litem is appointed on account of...

Section 43-2-255 - Duty of Judge, Clerk or Register to Make Payment; Penalty. - It shall be the duty of the judge of probate,...

Section 43-2-256 - Compensation of Administrator Ad Litem. - Such administrator ad litem must be allowed for his services...

Article 12 - Resignation, Removal, etc., of Executors or Administrators.

Division 1 - General Provisions.

Section 43-2-270 - Filing and Recordation of Resignation. - An executor or administrator may, by a writing subscribed by...

Section 43-2-271 - Liability for Assets Upon Resignation. - In case of resignation, the executor or administrator and his...

Section 43-2-272 - Duty of Probate Court to Grant Letters of Administration Upon Vacancy. - (a) If the sole executor or all the executors die,...

Section 43-2-274 - Appointment of Administrator After Final Settlement. - After a final settlement, there being personally not administered which...

Section 43-2-275 - Removal of Resident Executor From State. - The removal of any resident executor from this state to...

Division 2 - Removal and Proceedings to Require New or Additional Bond.

Section 43-2-290 - Causes of Removal Generally. - An administrator may be removed, and his letters revoked for...

Section 43-2-291 - Rights Terminated by Sentence of Imprisonment. - A sentence of imprisonment in the penitentiary, imprisonment in the...

Section 43-2-292 - Additional Bond May Be Required; Removal for Default. - An executor or administrator may also be required to give...

Section 43-2-293 - Application for Removal or Additional Bond. - Application for the removal of any executor or administrator, or...

Section 43-2-294 - Service of Citation. - A citation to such executor or administrator to appear and...

Section 43-2-295 - Notice by Publication. - If such executor or administrator is not an inhabitant of...

Section 43-2-296 - Trial. - On the day specified in the citation, or after publication...

Section 43-2-297 - Costs. - If the application is determined against the applicant, he, otherwise...

Section 43-2-298 - Order to Give Additional Bond. - If an additional bond is required by the court, an...

Section 43-2-299 - Removal or Additional Bond on Motion of Court. - Whenever the judge of probate has reason to believe that...

Article 13 - Collection, Inventory, and Appraisement of Personal Property.

Section 43-2-311 - Testator May Exempt Executor From Filing Inventory or Making Report or Final Settlement. - Any testator may, by express provision in his will to...

Section 43-2-312 - Contents of Inventory. - The inventory must set forth the property, enumerating each item...

Section 43-2-313 - Oath Upon Return of Inventory. - On the return of the inventory, the executor or administrator...

Section 43-2-318 - Exhibit Showing Condition of Estate. - Six months after his appointment, and at any time thereafter...

Article 14 - Keeping Estates Together.

Section 43-2-330 - Authorization by Probate Court to Keep Estate Together; Term. - The probate court may authorize the executor or administrator, on...

Section 43-2-331 - Extension of Time Upon Showing of Good Cause. - Whenever any executor or administrator has kept an estate together,...

Section 43-2-332 - When Distributed Share Kept and Worked With Undivided Portion of Estate. - When a share or shares of real or personal property...

Section 43-2-333 - Payment of Profits to Share Owners. - The executor or administrator must pay, at the end of...

Section 43-2-334 - Order Authorizing Hiring of Laborers - Generally. - The probate court has power to grant orders authorizing administrators,...

Section 43-2-335 - Order Authorizing Hiring of Laborers - Petition; Notice and Hearing. - Before granting such order, the court must require the administrator...

Section 43-2-336 - Cultivation Under Direction of Executor or Administrator. - When the estate of any decedent is kept together the...

Section 43-2-337 - Preceding Sections Not to Be Construed So as to Conflict With Will. - The provisions of the preceding sections of this article must...

Section 43-2-338 - Annual Settlements. - (a) The executor or administrator must make annual settlements of...

Section 43-2-339 - Certain Rights Not Affected by Provisions of Article. - The provisions of this article in relation to keeping estates...

Article 15 - Claims and Debts.

Division 1 - Presentation.

Section 43-2-350 - Time and Manner of Filing Claims - Generally. - (a) All claims against the estate of a decedent, held...

Section 43-2-351 - Time and Manner of Filing Claims - Exception as to Minors or Persons of Unsound Mind. - The provisions of subsection (b) of section 43-2-350 do not...

Section 43-2-352 - Verification of Claims. - The presentation must be made by filing a verified claim,...

Section 43-2-353 - Revival of Pending Action Considered as Presentation. - The revival of any action pending against any person at...

Section 43-2-354 - Notice and Hearing; Judgment; Costs; Appeals. - The personal representative of the estate of a decedent may...

Division 2 - Payment and Preference.

Section 43-2-370 - Property Charged With Payment of Debts. - All the property of the decedent, except as otherwise provided,...

Section 43-2-371 - Order of Preference. - The debts against the estates of decedents are to be...

Section 43-2-372 - No Preference Among Debts of Same Class. - No executor or administrator must, before the expiration of six...

Section 43-2-373 - Payment of Claims Barred by Statute of Limitations. - No claim against the estate of a decedent whether in...

Section 43-2-374 - When Executor or Administrator Protected in Payment of Debts. - The payment of any debt against the estate of the...

Section 43-2-375 - Payment of Debts Not Due. - Any debt not due, which has been presented, may be...

Division 3 - Sale, Compromise, and Settlement.

Section 43-2-390 - Authorization to Compromise or Sell Claims. - The probate court having jurisdiction of the estate may authorize...

Section 43-2-391 - Notice and Hearing. - Such application must not be heard until 10 days after...

Section 43-2-392 - Report. - The executor or administrator shall make report, in writing and...

Section 43-2-393 - When Executor or Administrator May Give Note, etc., to Extend or Settle Debt. - Any executor or administrator, by authority of the probate court...

Section 43-2-394 - Compounding With and Discharge of Debtor. - Whenever a debtor of the decedent is unable to pay...

Article 16 - Sale of Personal Property.

Section 43-2-410 - Power of Sale Conferred. - Any part of the personal property of a decedent, including...

Section 43-2-411 - Notice of Application. - Notice of such application must be given to some person...

Section 43-2-412 - Contesting Application. - Any person interested may appear and contest such application, and...

Section 43-2-413 - Notice of Sale. - When the application is granted for the sale of any...

Section 43-2-414 - Hours of Sale. - Such sale must not commence before 11:00 A.M., nor continue...

Section 43-2-415 - Terms of Sale. - Such sale may be for cash or on credit not...

Section 43-2-416 - When Bid Rejected and Sale Postponed. - When the highest amount bid for the property, or any...

Section 43-2-417 - Resale Upon Failure of Purchaser to Comply With Terms; Liability for Deficiency. - If the purchaser fails to comply with the terms of...

Section 43-2-418 - Completion, Gathering and Sale of Crops Commenced by Decedent. - Any crop commenced by a decedent may be completed and...

Section 43-2-419 - Sale of Farm Products. - All farm products coming into the hands of the executor...

Section 43-2-420 - Assignment or Transfer of Mortgages, Notes or Accounts. - Executors and administrators may assign and transfer by endorsement, without...

Section 43-2-421 - Stock in Trade. - (a) When any person engaged in mercantile business dies, leaving...

Section 43-2-422 - Returns of Accounts of Sales. - All accounts of sales of personalty made by the executor...

Article 17 - Renting and Sale of Real Estate.

Division 1 - For Payment of Debts and for Division.

Section 43-2-441 - Authorization to Sell - Where Will Exists. - Lands may be sold by the executor or by the...

Section 43-2-440 - Renting of Lands. - The executor or administrator may rent the decedent's lands at...

Section 43-2-442 - Authorization to Sell - in Case of Intestacy. - In case of intestacy, lands may be sold by the...

Section 43-2-443 - Authorization to Sell - Sale for Division. - Lands of an estate may be sold by order of...

Section 43-2-444 - Application for Sale. - The application for the sale of lands, either for payment...

Section 43-2-445 - Notice and Hearing Generally; Time for Hearing; Appointment of Guardian Ad Litem. - (a) The court must appoint a day, not less than...

Section 43-2-446 - Notice to Nonresidents. - If any of the heirs or devisees reside out of...

Section 43-2-447 - Notice to Unknown Parties; Appointment of Special Guardian; Disposition of Shares. - If it shall be averred in an application for the...

Section 43-2-448 - Duties and Compensation of Guardian Ad Litem and Special Guardian. - The person appointed to represent minors, or persons of unsound...

Section 43-2-450 - Order of Sale for Payment of Debts. - On the hearing of such application, and when the application...

Section 43-2-451 - Proof of Facts on Application to Sell for Division; Order of Sale. - The facts stated in an application to sell land for...

Section 43-2-452 - When Depositions Required. - No order for the sale of land belonging to any...

Section 43-2-453 - Evidence of Title. - In applications to the probate court for the sale of...

Section 43-2-454 - Dismissal of Application Upon Failure of Proof. - If, on the hearing of the application, the facts are...

Section 43-2-455 - Advertisement of Sale. - When the application for the sale of land for the...

Section 43-2-456 - Applicability of Sections 43-2-414, 43-2-416 and 43-2-417. - Sections 43-2-414, 43-2-416 and 43-2-417 are applicable to sales of...

Section 43-2-457 - How Purchase Money Secured. - The executor or administrator must secure the purchase money by...

Section 43-2-458 - Place of Sale. - Lands may be sold at such place in the county...

Section 43-2-459 - Report and Examination of Sale - Generally. - The executor or administrator must, within 30 days after such...

Section 43-2-460 - Report and Examination of Sale - Notice and Hearing. - If it appears from the report of the personal representative...

Section 43-2-461 - Setting Aside Sale; Resale. - (a) If, on such examination, the court is satisfied that...

Section 43-2-462 - Confirmation of Sale. - Whenever the court is satisfied that such sale was fairly...

Section 43-2-463 - Report of Payment of Purchase Money. - When lands have been sold on credit, and when the...

Section 43-2-464 - Conveyance. - After such confirmation, and when the whole of the purchase...

Section 43-2-465 - Right of Purchaser to Cite Executor or Administrator to Report Sale. - (a) If the executor or administrator fails, within the time...

Section 43-2-467 - Correction of Mistake in Description of Lands Sold. - (a) When a mistake has been made in the description...

Section 43-2-468 - Sale or Division of Land Received on Compromise. - Real estate received by an executor or administrator in payment...

Division 2 - Sale of Land for Payment of Legacies.

Section 43-2-480 - Authorization to Sell. - Lands of an estate may be ordered sold by the...

Section 43-2-481 - Application for Sale. - The application for the sale of lands for the payment...

Section 43-2-482 - Notice; Proceedings; Order of Sale. - Notice of the filing of such petition must be given...

Article 18 - Settlements and Distributions.

Division 1 - General Provisions.

Section 43-2-500 - When Annual or Partial Settlement Required. - Every executor or administrator must make annual settlements of his...

Section 43-2-501 - When Final Settlement May Be Made. - Final settlement may be made at any time after six...

Section 43-2-502 - Filing of Account, Etc. - Generally. - In making settlements of an administration, the executor or administrator...

Section 43-2-503 - Filing of Account, Etc. - Liability for Failure to File Statement. - If such statement is not filed, the executor or administrator...

Section 43-2-504 - Appointment of Guardian Ad Litem. - The court must appoint a competent attorney-at-law as guardian ad...

Section 43-2-505 - Time for Settlement; Notice Generally. - (a) Upon the filing of such account, vouchers, evidence, and...

Section 43-2-506 - Settlement by Consent Without Notice. - In any case in which an administration is conducted pursuant...

Section 43-2-507 - Auditing of Account; Proof of Credits. - On the day appointed or any other day to which...

Section 43-2-508 - Satisfaction of Claims. - Any judge of probate, clerk or register of any circuit...

Section 43-2-509 - Liability of Executor or Administrator for Interest or Profits. - If any executor or administrator uses any of the funds...

Section 43-2-510 - Credit for Expenses of Minor Distributees. - (a) When the estate of a decedent is solvent, the...

Section 43-2-511 - Contest of Account - Generally. - Any person interested may appear and contest any item of...

Section 43-2-512 - Contest of Account - Showing of Failure to Discharge Trust, Etc. - Upon final settlement, any person contesting may also show that...

Section 43-2-513 - Contest of Account - Examination of Witnesses. - The depositions of witnesses may be taken on interrogatories and...

Section 43-2-514 - Contest of Account - Reduction or Disallowance of Item. - If any item as charged by the executor or administrator...

Section 43-2-515 - Contest of Account - Withdrawal of Item. - The executor or administrator may, before the decision of the...

Section 43-2-516 - Decree Passing Account as Stated. - On auditing the account, the court must state the same...

Section 43-2-517 - Appointment and Compensation of Special Guardian. - The jurisdiction of the probate court to make partial or...

Section 43-2-518 - Reexamination of Items Included in Previous Settlements. - Upon the final settlement, any item of account included in...

Section 43-2-519 - Notice of Annual or Partial Settlement; Conclusiveness of Order or Decree; Reopening Account. - Whenever any administrator or executor shall file any annual, partial...

Division 2 - Compelling Settlement by Existing Executor or Administrator.

Section 43-2-530 - Authorization to Compel Settlement. - Any executor or administrator may be required by citation to...

Section 43-2-531 - Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account. - After stating such account, the court must issue a citation...

Section 43-2-532 - Proceedings on Settlement of Account. - On the day appointed for auditing such account, any person...

Section 43-2-533 - Setting Aside Decree. - If, however, such executor or administrator appears and files his...

Division 3 - Compelling Settlement of Executor or Administrator Whose Authority Has Ceased.

Section 43-2-550 - Final Settlement Required Following Death, Removal or Resignation of Executor or Administrator. - When an executor or administrator dies, resigns or is removed,...

Section 43-2-551 - Making Succeeding Executor or Administrator Party to Settlement. - The remaining or succeeding executor or administrator of the estate...

Section 43-2-552 - Decree for Balance - Generally. - If there remains any act of administration to be done,...

Section 43-2-553 - Decree for Balance - Decree in Favor of Outgoing Executor or Administrator; Insolvent Estates. - If, on such settlement, a balance is ascertained to be...

Section 43-2-554 - When Execution May Be Stayed. - The probate court may stay execution on any decree rendered...

Section 43-2-555 - Stating Account or Compelling Settlement by Attachment. - If such outgoing executor or administrator or, if dead, his...

Section 43-2-556 - Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account. - After stating such account, the court must issue citation to...

Section 43-2-557 - Proceedings on Final Settlement of Account. - On the day appointed for auditing such account, any person...

Section 43-2-558 - Setting Aside Decree. - If, however, such executor or administrator or, if dead, his...

Section 43-2-559 - Other Actions Not Barred. - The proceedings for the settlement of the accounts of deceased...

Section 43-2-560 - Settlement by Sureties of Deceased Executor or Administrator - Filing Account and Vouchers. - In case of the death of an executor or administrator...

Section 43-2-561 - Settlement by Sureties of Deceased Executor or Administrator - Making Representative of Deceased Executor or Administrator Party to Settlement. - Should an administrator or executor of such deceased executor or...

Section 43-2-562 - Settlement by Sureties of Deceased Executor or Administrator - Petition for Order Requiring Sureties to Make Settlement. - In any case where an executor or administrator shall die...

Section 43-2-563 - Settlement by Sureties of Deceased Executor or Administrator - Conclusiveness of Settlement. - In all such cases provided for in section 43-2-562, the...

Section 43-2-564 - Settlement by Sureties of Deceased Executor or Administrator - Execution Against Sureties. - Execution and all other final process may issue against the...

Division 4 - Compelling Payment of Legacies.

Section 43-2-580 - When Legatee or Widow Entitled to Compel Payment. - After the expiration of six months from the grant of...

Section 43-2-581 - Application. - The application for such purpose must be in writing, verified...

Section 43-2-582 - Time for Hearing; Notice to Executor or Administrator. - The court must appoint a day for hearing such application,...

Section 43-2-583 - Conduct of Hearing; When Payment or Delivery Directed. - On the day appointed or on any other day to...

Section 43-2-584 - Refunding Bond. - Such refunding bond must be payable to the executor or...

Section 43-2-585 - Enforcement of Payment or Delivery. - If the legacy is not payable in money, the value...

Section 43-2-586 - Applicability of Sections 43-2-581 Through 43-2-585 to Widow. - Sections 43-2-581 through 43-2-585 apply to the widow who has...

Division 5 - Arbitration on Settlement of Estates.

Section 43-2-600 - When Matters of Controversy May Be Referred to Arbitration. - On the settlement of the estate of a decedent, when...

Section 43-2-601 - Consent by Guardian. - If any person interested in such estate is an infant...

Section 43-2-602 - Appointment of Arbitrators. - The arbitrators must not exceed three in number and must...

Section 43-2-603 - Award - Generally. - The arbitrators must make their award in writing, and, within...

Section 43-2-604 - Award - Force and Effect; Execution. - If such award, or any part thereof, is for the...

Section 43-2-605 - Award - Setting Aside; Second Reference. - If such award is not approved by the court, it...

Section 43-2-606 - Award - Objections. - Any of the parties may, within 10 days after such...

Section 43-2-607 - Applicability of Certain Sections in Title 6. - Sections 6-6-4 through 6-6-10 and 6-6-13 are made applicable to...

Division 6 - Distribution or Division on Final Settlement.

Section 43-2-620 - Orders of Distribution - Generally. - On the final settlement of an estate, the court may...

Section 43-2-621 - Orders of Distribution - to Whom Directed; Contents. - All orders of distribution must be directed to three disinterested...

Section 43-2-622 - Orders of Distribution - Oath; Return; Exceptions to Report. - (a) The persons therein named, or a majority of them,...

Section 43-2-623 - Confirming or Setting Aside Distribution; When Sale May Be Directed. - The court, for causes shown on such exceptions, or otherwise,...

Section 43-2-624 - How Sale Advertised and Made. - Such a sale must be advertised and made as sales...

Section 43-2-625 - Delivery of Property Upon Confirmation. - Upon the confirmation of any order of distribution, the executor...

Section 43-2-626 - Division, Sale or Assignment of Judgments or Claims. - (a) Any judgments or claims in favor of the estate,...

Section 43-2-627 - Setting Off Indebtedness of Distributee or Legatee. - (a) If, on final settlement, any distributee or legatee owes...

Section 43-2-628 - Discharge of Executor or Administrator From Liability. - When the estate has been fully administered and it is...

Section 43-2-629 - Disposition of Personal Estate of Foreign Decedent. - (a) When administration is taken out in this state on...

Division 7 - Distribution Before Settlement.

Section 43-2-640 - Authorization to Make Distribution - Distribution by Executor or Administrator. - When the executor or administrator is satisfied that the estate...

Section 43-2-641 - Authorization to Make Distribution - Distribution by Court After Six Months From Grant of Letters. - (a) The court may also, in case of intestacy, make...

Section 43-2-642 - Contents of Application. - Such application must be in writing, verified by affidavit, must...

Section 43-2-643 - Time for Hearing; Notice. - A day must be appointed for the hearing of such...

Section 43-2-644 - When Distribution Made; Limit on Amount. - On the day appointed, or on any other day to...

Section 43-2-647 - Refunding Bonds - Bond Stands as Security; Action on Bond. - (a) Such refunding bond stands as security for the executor...

Section 43-2-646 - Refunding Bonds - Recordation; Transcript as Evidence. - All refunding bonds provided for in this division must be...

Section 43-2-645 - Refunding Bonds - Required; Terms and Conditions. - Such order must not in any case be made, unless...

Section 43-2-648 - Refunding Bonds - Rights of Parties Among Themselves. - Any party making a payment on any refunding bond taken...

Section 43-2-649 - Costs. - If any application made under the provisions of this division...

Division 8 - Presumption of Settlement After 20 Years.

Section 43-2-660 - When Presumption Arises. - When the administration of the estate of a deceased person...

Section 43-2-661 - Petition to Establish Presumption. - An executor, administrator or surety on the bond of the...

Section 43-2-662 - Notice of Hearing on Petition. - Such notice must state the name of the executor or...

Section 43-2-663 - Contest. - Any person interested may appear and contest any statement in...

Section 43-2-664 - Order After Hearing. - Should the court find the allegations of the petition or...

Division 9 - Compensation, Commissions, Fees, Etc.

Section 43-2-682 - Court May Allow Compensation or Attorney's Fees Up to Time of Settlement. - Upon any annual, partial or final settlement made by any...

Section 43-2-683 - Previous Fees Considered Upon Final Settlement. - In the allowance of fees to executors or administrators and...

Division 10 - Summary Distribution of Small Estates.

Section 43-2-690 - Short Title. - This division shall be known as the "Alabama Small Estates...

Section 43-2-691 - Definitions. - For the purposes of this division, the following words and...

Section 43-2-692 - Petition for Summary Distribution; When Surviving Spouse or Distributee Entitled to Personal Property Without Administration. - (a) The surviving spouse, if there is one, otherwise the...

Section 43-2-693 - Entry of Order Directing Summary Distribution. - When all of the applicable conditions enumerated in subsection (b)...

Section 43-2-694 - Transfer of Property or Evidence of Rights Therein to Surviving Spouse or Distributees. - Upon delivering a copy of the judge's order for summary...

Section 43-2-695 - Limitation on Defeasible Rights of Surviving Spouse or Distributees. - The defeasible right of the surviving spouse or distributees provided...

Section 43-2-696 - Effect of Transfer Pursuant to Affidavit. - The person making payment, delivery, transfer or issuance of personal...

Division 11 - Medicaid Estate Recovery Program.

Section 43-2-697 - Notice to Medicaid Agency of Appointment as Personal Representative or Filing of Petition Under Section 43-2-692. - (a) The personal representative, or person filing to initiate a...

Section 43-2-697.01 - Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees. - (a) The Medicaid Agency may petition to open the probate...

Section 43-2-697.02 - Filing of Claim Against Estate of Medicaid Recipient. - (a) The Medicaid Agency may file a claim against the...

Section 43-2-697.03 - Liens Program. - The Medicaid Agency conducts a liens program in accordance with...

Article 19 - Insolvent Estates.

Division 1 - General Provisions.

Section 43-2-700 - Order and Preference of Payment of Debts. - When the real and personal property of any decedent is...

Section 43-2-701 - Report of Insolvency - Generally. - Whenever the executor or administrator of any estate is satisfied...

Section 43-2-702 - Report of Insolvency - Statement to Be Filed With Report. - He must file with such report: (1) A statement of...

Section 43-2-703 - Report of Insolvency - Affidavit Accompanying Report and Statement. - Such report and statement must be accompanied by an affidavit...

Section 43-2-704 - Time for Hearing; Notice of Hearing. - The probate court, on the filing of such report and...

Section 43-2-705 - Trial of Issue of Insolvency to Be by Jury. - Any creditor or other person interested in the estate may...

Section 43-2-706 - Payment of Costs. - If such issue is decided against the executor or administrator,...

Section 43-2-707 - Declaration of Insolvency. - If no person contests the correctness of the report or...

Section 43-2-708 - Second Declaration by Succeeding Administrator Not Necessary. - An estate of a decedent having once been declared insolvent,...

Section 43-2-709 - Appeals. - (a) Any party to the proceedings to declare an estate...

Division 2 - Nomination and Election of Administrators of Insolvent Estates.

Section 43-2-720 - When Creditors May Make Nomination; Who May Be Nominated. - On the day appointed for the settlement of the administration...

Section 43-2-721 - Voting Procedure Generally; Proof of Claims Required. - (a) In making the nomination, each creditor, in person or...

Section 43-2-722 - Person Receiving Plurality Appointed Administrator. - The person receiving a plurality of votes must be appointed...

Section 43-2-723 - Discretion of Court Upon Failure of Creditors to Attend. - If none of the creditors attend at the time appointed...

Section 43-2-724 - Former Letters Revoked Upon Appointment; Property Vested in Administrator. - Whenever an administrator is appointed under the provisions of this...

Section 43-2-725 - Vacancy. - Whenever a vacancy occurs in the office of such administrator,...

Division 3 - Filing and Allowing Claims Against Insolvent Estates.

Section 43-2-740 - Time and Manner of Filing Claims - Generally. - Every person having any claim against the estate declared insolvent...

Section 43-2-741 - Time and Manner of Filing Claims - Time Allowed Certain Minors and Persons of Unsound Mind. - The provisions of section 43-2-740, as to the time within...

Section 43-2-742 - Time and Manner of Filing Claims - Claims Verified in Another State. - When a claim against such estate is verified by the...

Section 43-2-743 - Time and Manner of Filing Claims - Claims Verified in Foreign Country. - When such oath is taken out of the United States,...

Section 43-2-744 - Receipt for Claim; Endorsement by Judge. - The judge of probate must, when required, give a receipt...

Section 43-2-745 - Claims Docket. - Such judge must keep a docket of all the claims...

Section 43-2-746 - When Claim Allowed Without Further Proof. - If no opposition is made, in the manner provided in...

Section 43-2-747 - Objections. - At any time within six months after the declaration of...

Section 43-2-748 - Allowance of Due Part of Claim. - If a part only of such claim is found to...

Section 43-2-749 - Debt Not Due. - Any creditor whose debt is not due must file the...

Section 43-2-750 - Claim Allowed After Partial Distribution. - Any creditor of an insolvent estate, whose claim is allowed...

Section 43-2-751 - Action by Creditor to Recover Dividend. - (a) Any creditor of an insolvent estate, whose claim is...

Division 4 - Settlement of Insolvent Estates.

Section 43-2-770 - When Settlement Must Be Made. - Every executor or administrator of an insolvent estate must make...

Section 43-2-771 - Decree. - At such settlement, the court must decree to each creditor...

Division 5 - Sale of and Actions for Lands of Insolvent Estates.

Section 43-2-790 - Application for Order for Sale - Generally. - On the application of an executor or administrator of an...

Section 43-2-791 - Application for Order for Sale - Form and Contents; Verification; Notice to Heirs and Devisees. - Such application shall be in writing, verified by affidavit, shall...

Section 43-2-792 - Action by Administrator for Recovery of Lands. - The administrator of an insolvent estate may maintain an action...

Division 6 - Report or Decree of Insolvency as Affecting Pending Civil Actions.

Section 43-2-810 - Continuance Upon Showing of Insolvency. - During the progress of any civil action against an executor...

Section 43-2-811 - Special Plea of Insolvency. - The executor or administrator may, at any time before judgment,...

Section 43-2-812 - Judgment Certified to Probate Court; Execution for Costs. - If such judgment is for the plaintiff, and it is...

Section 43-2-813 - Effect of Order or Decree of Insolvency Certified to Other Courts After Judgment or Decree Therein Rendered. - After judgment or decree has been rendered in any court...

Article 20 - Probate Procedure Act.

Section 43-2-830 - Devolution of Estate at Death; Restrictions. - (a) Upon the death of a person, decedent's real property...

Section 43-2-831 - Time of Accrual of Duties and Powers. - The duties and powers of a personal representative commence upon...

Section 43-2-832 - Priority Among Different Letters. - A person to whom general letters are issued first has...

Section 43-2-833 - General Duties; Relation and Liability to Persons Interested in Estate; Standing to Sue. - (a) A personal representative is a fiduciary. Except as otherwise...

Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception. - A personal representative shall proceed expeditiously with the settlement and...

Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement. - (a) Within two months after appointment, a personal representative, who...

Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory. - If any property not included in the initial inventory comes...

Section 43-2-837 - Duty of Personal Representative; Possession of Estate. - Except as otherwise provided by a decedent's will, every personal...

Section 43-2-838 - Power to Avoid Transfers. - The property liable for the payment of unsecured debts of...

Section 43-2-839 - Powers of Personal Representatives; in General. - Until termination of the appointment, a personal representative has the...

Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty. - If the exercise of power concerning the estate is improper,...

Section 43-2-841 - Sale, Encumbrance, or Transaction Involving Conflict of Interest; Voidable; Exceptions. - Any sale or encumbrance to the personal representative, the personal...

Section 43-2-842 - Persons Dealing With Personal Representative; Protection. - A person who, in good faith, either assists a personal...

Section 43-2-843 - Transactions Authorized for Personal Representatives; Exceptions. - Except as restricted or otherwise provided by the will or...

Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval. - Unless expressly authorized by the will, a personal representative, only...

Section 43-2-845 - Powers and Duties of Successor Personal Representative. - A successor personal representative has the same power and duty...

Section 43-2-846 - Co-Representatives; When Joint Action Required. - If two or more persons are appointed co-representatives and unless...

Section 43-2-847 - Powers of Surviving Personal Representative. - Unless the terms of the will otherwise provide, every power...

Section 43-2-848 - Compensation of Personal Representative. - (a) A personal representative is entitled to reasonable compensation for...

Section 43-2-849 - Expenses in Estate Litigation. - If any personal representative or person nominated as personal representative...

Section 43-2-850 - Proceedings for Review of Employment of Agents and Compensation of Personal Representatives and Employees of Estate. - On petition or appropriate motion of an interested person, and...

Section 43-2-851 - Bond. - (a) The court must require a personal representative or special...

Section 43-2-852 - Terms and Requirements of Bonds. - (a) The following requirements and provisions apply to any bond...

Section 43-2-853 - Application to Existing Estates. - (a) Estates filed for probate prior to January 1, 1994,...

Section 43-2-854 - Avoiding Conflicts of Law. - Nothing contained in this article shall be construed to abrogate...

Chapter 6 - Escheats.

Section 43-6-2 - Notice by Representative. - The personal representative of any person leaving property not devised...

Section 43-6-3 - Contents of Notice. - Such notice must contain the name of the deceased, as...

Section 43-6-4 - Disposition of Personalty When No Heir Appears. - If no heir or person entitled to receive such estate...

Section 43-6-5 - Disposition of Real Estate When No Heir Appears. - If, after two years from the publication of such notice,...

Section 43-6-6 - Decree Against Personal Representative for Failure to Pay Over Proceeds. - The judge of probate may render decrees against such personal...

Section 43-6-7 - Payment of Receipts to State Treasurer. - The judge of probate must, within three months after the...

Section 43-6-8 - Action by State to Recover Personal Property Distributed Without Authority. - The state may enforce its right to any personal property...

Section 43-6-9 - Duty of Probate Judge to Attend to Interest of State. - It is the official duty of the judge of probate...

Chapter 7 - Uniform Simultaneous Death Act.

Section 43-7-1 - Short Title. - This chapter may be cited as the Uniform Simultaneous Death...

Section 43-7-2 - No Sufficient Evidence of Survivorship; Disposition of Property of Decedents. - Where the title to property or the devolution thereof depends...

Section 43-7-3 - Beneficiaries of Another Person's Disposition of Property. - Where two or more beneficiaries are designated to take successively...

Section 43-7-4 - Joint Tenants or Tenants by the Entirety. - Where there is no sufficient evidence that two joint tenants...

Section 43-7-5 - Insurance Policies. - Where the insured and the beneficiary in a policy of...

Section 43-7-6 - Chapter Not Retroactive. - This chapter shall not apply to the distribution of the...

Section 43-7-7 - Chapter Not Applicable if Decedent Provides Otherwise. - This chapter shall not apply in the case of wills,...

Section 43-7-8 - Uniformity of Interpretation. - This chapter shall be so construed and interpreted as to...

Chapter 8 - Probate Code.

Article 1 - General Provisions.

Section 43-8-1 - General Definitions. - Subject to additional definitions contained in the subsequent articles which...

Section 43-8-2 - Construction of Chapter; Purposes and Policies. - (a) This chapter shall be liberally construed and applied to...

Section 43-8-3 - Supplementary Effect of Principles of Law and Equity. - Unless displaced by the particular provisions of this chapter, the...

Section 43-8-4 - Construction Against Implied Repeal. - This chapter is a general act intended as a unified...

Section 43-8-5 - Relief Against Fraud; Limitations. - Whenever fraud has been perpetrated in connection with any proceeding...

Section 43-8-6 - Rules of Evidence; Evidence as to Death or Status; Presumption of Death. - In proceedings under this chapter the rules of evidence in...

Section 43-8-7 - Effect of Acts by Holder of General Power of Appointment, etc., on Beneficiaries. - For the purpose of granting consent or approval with regard...

Section 43-8-8 - Effective Date; Transition Provisions. - (a) This chapter takes effect on January 1, 1983. (b)...

Section 43-8-9 - Savings Provision for Counties of Jefferson and Mobile. - No provision of this chapter shall be construed to void,...

Article 2 - Applicability, Jurisdiction and Venue, and Implied Oath.

Section 43-8-20 - Applicability of Chapter. - Except as otherwise provided in this chapter, this chapter applies...

Section 43-8-21 - Venue; Multiple Proceedings; Transfer. - (a) Where a proceeding under this chapter could be maintained...

Section 43-8-22 - Filed Documents Deemed to Include Oath or Affirmation. - Except as otherwise specifically provided in this chapter or by...

Article 3 - Intestate Succession.

Section 43-8-40 - Intestate Estate Generally. - Any part of the estate of a decedent not effectively...

Section 43-8-41 - Share of the Spouse. - The intestate share of the surviving spouse is as follows:...

Section 43-8-42 - Share of Heirs Other Than Surviving Spouse. - The part of the intestate estate not passing to the...

Section 43-8-43 - Requirement That Heir Survive Decedent for Five Days. - Any person who fails to survive the decedent by five...

Section 43-8-44 - When Estate Passes to State. - If there is no taker under the provisions of this...

Section 43-8-45 - Division of Estate Where Representation Is Involved. - If representation is called for by this chapter, the estate...

Section 43-8-46 - Inheritance by Relatives of Half Blood. - Relatives of the half blood inherit the same share they...

Section 43-8-47 - Inheritance by Afterborn Heirs. - Relative of the decedent conceived before his death but born...

Section 43-8-48 - Parent and Child Relationship. - If, for purposes of intestate succession, a relationship of parent...

Section 43-8-49 - Advancements. - If a person dies intestate as to all his estate,...

Section 43-8-50 - Controversy as to Advancements - How Issue Made Up and Tried. - Controversies as to advancements are cognizable before the probate court,...

Section 43-8-52 - Controversy as to Advancements - Proceedings and Answer Upon Death of Distributee. - In case of the death of any distributee or heir...

Section 43-8-51 - Controversy as to Advancements - Discovery of Advancements. - Pending administration of an estate, on the application of the...

Section 43-8-53 - Controversy as to Advancements - Contest of Answer. - Upon the rendition of the report or answer of the...

Section 43-8-54 - Controversy as to Advancements - Consequence of Failure to Answer. - In case any distributee or heir, or the legal representatives...

Section 43-8-55 - Against Whom Debts Owed to Decedent Charged. - A debt owed to the decedent is not charged against...

Section 43-8-56 - Alien Status Not a Disqualification to Inheriting. - No person is disqualified to take as an heir because...

Section 43-8-57 - Dower and Curtesy Abolished. - The estates of dower and curtesy are abolished.

Section 43-8-58 - Share of Persons Related to Decedent Through Two Lines. - A person who is related to the decedent through two...

Article 4 - Elective Share of Surviving Spouse; Abatement.

Section 43-8-70 - Right of Surviving Spouse to Elective Share. - (a) If a married person domiciled in this state dies,...

Section 43-8-71 - Right of Election Personal to Surviving Spouse. - The right of election of the surviving spouse may be...

Section 43-8-72 - Waiver of Right to Elect and of Other Rights. - The right of election of a surviving spouse and the...

Section 43-8-73 - Procedure for Making Election; Petition; Time Limit; Notice and Hearing; Withdrawal of Demand; Order of Court; Enforcement of Order. - (a) The surviving spouse may elect to take his elective...

Section 43-8-74 - Entitlement of Surviving Spouse to Certain Benefits Regardless of Election. - A surviving spouse is entitled to homestead allowance, exempt property,...

Section 43-8-75 - How Elective Share Satisfied; What Property Applied First; Apportionment of Others' Liability for Balance of Elective Share. - (a) In the proceeding for an elective share, values included...

Section 43-8-76 - Order of Abatement. - (a) Except as provided in subsection (b) of this section...

Article 5 - Spouse and Children Not Provided for in Will.

Section 43-8-90 - Omitted Spouse. - (a) If a testator fails to provide by will for...

Section 43-8-91 - Pretermitted Children. - (a) If a testator fails to provide in his will...

Article 6 - Exempt Property and Allowances.

Section 43-8-110 - Homestead Allowance. - (a) A surviving spouse of a decedent who was domiciled...

Section 43-8-111 - Exempt Property. - If the decedent was domiciled in this state at the...

Section 43-8-112 - Family Allowance. - In addition to the right to homestead allowance and exempt...

Section 43-8-113 - Source, Determination and Documentation of Exempt Property and Allowances; Petition for Relief by Personal Representative or Interested Person. - If the estate is otherwise sufficient, property specifically devised is...

Section 43-8-114 - Spouse May Retain Dwelling, etc., Until Assignment of Homestead. - The spouse may retain possession of the dwelling house where...

Section 43-8-115 - Discharge of Debtor From Liability for Wages, etc., Owed Intestate Former Employee of Another; Status of Funds Paid Under This Section. - (a) Whenever an employee of another shall die intestate and...

Section 43-8-116 - Adjustments to Exemption Values. - On July 1, 2017, and at the end of each...

Article 7 - Wills Generally.

Division 1 - Execution of Will.

Section 43-8-130 - Who May Make a Will. - Any person 18 or more years of age who is...

Section 43-8-131 - Execution and Signature of Will; Witnesses. - Except as provided within section 43-8-135, every will shall be...

Section 43-8-132 - Self-Proved Will - Form and Execution; How Attested Will Made Self-Proved; Effect. - (a) Any will may be simultaneously executed, attested, and made...

Section 43-8-133 - Self-Proved Will - Making Attested Will Self-Proved. - An attested will may be made self-proved through compliance with...

Section 43-8-134 - Who May Witness Will. - (a) Any person generally competent to be a witness may...

Section 43-8-135 - Choice of Law as to Validity of Execution. - A written will is valid if executed in compliance with...

Section 43-8-136 - Revocation by Writing or by Act; When Witnesses Required. - (a) A will or any part thereof is revoked by...

Section 43-8-137 - Revocation by Divorce or Annulment; Revival by Remarriage; No Revocation by Other Changes or Circumstances. - If after executing a will the testator is divorced or...

Section 43-8-138 - When Will Revived on Revocation of Subsequent Will. - (a) If a second will which, had it remained effective...

Section 43-8-139 - Incorporation by Reference. - Any writing in existence when a will is executed may...

Section 43-8-140 - Testamentary Additions to Trusts. - A devise or bequest, the validity of which is determinable...

Section 43-8-141 - Reference to Events of Independent Significance. - A will may dispose of property by reference to acts...

Division 2 - Probate of Will.

Section 43-8-160 - Who May Have Will Probated. - Upon the death of a testator, any executor, devisee, or...

Section 43-8-161 - Time Limit for Probate. - Wills shall not be effective unless filed for probate within...

Section 43-8-162 - Where Will Probated. - Wills must be proved in the several probate courts as...

Section 43-8-163 - Probate Not Prevented by Subsequent Incompetency of Witnesses. - If the witnesses attesting the execution of any will are...

Section 43-8-164 - Notice to Surviving Spouse and Next of Kin - Generally. - Whenever an application is made to prove a will in...

Section 43-8-165 - Notice to Surviving Spouse and Next of Kin - Minors. - If any of the next of kin are minors, such...

Section 43-8-166 - Notice to Surviving Spouse and Next of Kin - Persons Outside State. - If either the surviving spouse or next of kin reside...

Section 43-8-167 - Mode of Proving Will Generally. - (a) Wills offered for probate, except nuncupative wills, must be...

Section 43-8-168 - Depositions of Witnesses. - When the subscribing witnesses, or any of them, reside out...

Section 43-8-169 - Recordation of Witnesses' Testimony. - If it appears, on the proof taken before the judge...

Section 43-8-170 - Certificate Endorsed on Will. - Every will so proved must have a certificate endorsed thereon,...

Section 43-8-171 - Admission of Will in Evidence. - Every will, so proved or endorsed, may be read in...

Section 43-8-172 - Protection of Bona Fide Purchasers, Etc. - Any will which is not propounded for probate in this...

Section 43-8-173 - Withdrawal of Will Before Probate. - When any will is filed with the probate judge or...

Section 43-8-174 - Withdrawal of Will for Proof Out of State. - Whenever any will has been proved and recorded for six...

Section 43-8-175 - Probate of Foreign Will. - When the testator was not, at the time of his...

Division 3 - Contesting Validity of Will.

Section 43-8-190 - Who May Contest Will; Filing Objections; Making Up Issue; Trial by Jury. - A will, before the probate thereof, may be contested by...

Section 43-8-191 - Time for Trial; Continuance; Summoning Witnesses. - Upon the institution of such contest, a day must be...

Section 43-8-192 - Drawing and Summoning of Jurors; Penalty for Default. - (a) The jury for the trial of such contest must...

Section 43-8-193 - Proceedings Against Defaulting Witness. - If any witness, being duly summoned, fails to attend, the...

Section 43-8-194 - Depositions of Witnesses; Rules Governing Procedure. - For the trial of such contest, depositions of witnesses may...

Section 43-8-195 - Admission or Rejection of Will. - When the judgment of the probate court is against the...

Section 43-8-196 - Costs. - The costs of any contest under the provisions of this...

Section 43-8-197 - Change of Venue. - (a) At any time before the trial of such contest,...

Section 43-8-198 - Transfer of Contest to Circuit Court; Appeal From Judgment of Circuit Court; Certification of Judgment, etc., to Probate Court. - Upon the demand of any party to the contest, made...

Section 43-8-199 - Contest in Circuit Court After Admission to Probate - Generally. - Any person interested in any will who has not contested...

Section 43-8-200 - Contest in Circuit Court After Admission to Probate - Parties; Conclusiveness of Judgment. - In the event a contest of the probate of a...

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Code of Alabama Title 43 - Wills and Decedents' Estates.

Code of Alabama
Title 43 - Wills and Decedents' Estates.