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Article 1 - General Provisions.
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.
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.
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.
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...