Title 43 — Title 43

of Unsound Mind. The provisions of subsection (b) of Section 43-2-350 do not apply to minors or persons of unsound mind who have no legal guardian at the time of the grant of letters testamentary or of administration; but such minors and persons of unsound mind are allowed six mo…

The presentation must be made by filing a verified claim, or a verified statement thereof, in the office of the judge of probate in which letters are granted, and the same must be docketed with a note of the date of such presentation; and, if required, a statement must be given b…

The revival of any action pending against any person at the time of his or her death, which by law survives against his or her personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a present…

The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed. Thereupon the judge o…

All the property of the decedent, except as otherwise provided, is charged with the payment of his or her debts, and, if necessary, may be sold for that purpose. History: (Code 1852, §1737; Code 1867, §2060; Code 1876, §2429; Code 1886, §2078; Code 1896, §125; Code 1907, §2596; C…

The debts against the estates of decedents are to be paid in the following order: (1) The funeral expenses. (2) The fees and charges of administration. (3) Expenses of the last sickness. (4) Taxes assessed on the estate of the decedent previous to his or her death. (5) Debts due …

No executor or administrator must, before the expiration of six months from the grant of letters, give a preference in the payment of any debt over others of the same class; nor is a debt due and payable entitled to any preference over debts of the same class which are not due. H…

No claim against the estate of a decedent whether in favor of the personal representative or any other person, which was barred by the statute of limitations at the time of the death of such decedent, shall be paid by or allowed to the personal representative, unless the payment …

The payment of any debt against the estate of the executor or administrator, after six months from the grant of letters, protects him or her to the extent of the payment from liability on any other debt against such estate which had not been presented at the time of such payment.…

Any debt not due, which has been presented, may be paid by an executor or administrator after six months from the grant of letters, and the provisions of Section 43-2-374 include such debts; but such payment must not be made unless the creditor accepts, in discharge of such debt,…

The probate court having jurisdiction of the estate may authorize any executor or administrator to compromise or sell any bad or doubtful claim due the estate, on the written application of the executor or administrator, verified by his or her affidavit, and stating the facts, su…

Such application must not be heard until 10 days after the filing thereof, and notice thereof may be given to some person adversely interested whenever the court may deem just. When, or at such time as the court may continue the hearing, the court, satisfied that the claim is bad…

The executor or administrator shall make report, in writing and under oath, of such sale or compromise within 30 days thereafter; and when such report is made, the sale or compromise may be confirmed, unless good cause is shown for setting the same aside. History: (Code 1876, §25…

Settle Debt. Any executor or administrator, by authority of the probate court given on his or her written application, may, in his or her representative capacity, give his or her note, bond or bill for the purpose of extending or settling a debt of the decedent, or settling a deb…

Whenever a debtor of the decedent is unable to pay all his or her debts, the executor or administrator, with the approbation of the court or judge thereof, may compound with him or her and give him or her a discharge, upon receiving a fair and just dividend of his or her effects.…

Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate, as follows: (1) Where the intestate, at the time of his or her death, was an inhabitant of the county. (2) Where the intestate, not be…

Letters of administration may be substantially in the following form: The State of Alabama, } ___________ County.}Court of Probate. Letters of administration on the estate of _____ (or letters of administration on the annexed will of _____, as the case may be) are hereby granted …

Any part of the personal property of a decedent, including land warrants and choses in action, may be sold only by order of the court, on the written application of the executor or administrator, verified by affidavit, in the following cases, unless, in such cases, power to sell …

Notice of such application must be given to some person adversely interested in such manner, and for such length of time, not less than three weeks, as the judge of probate may require; but when the property is perishable, and it is so specified in the application, no notice is r…

Any person interested may appear and contest such application, and show that no sale is required, or that it is more for the interest of the estate that other property should be sold. History: (Code 1852, §1745; Code 1867, §2069; Code 1876, §2435; Code 1886, §2094; Code 1896, §14…

When the application is granted for the sale of any personal property, the executor or administrator must give notice of the day, place and terms of sale, and a description of the property to be sold, by advertisement for three successive weeks in some newspaper published in the …

Such sale must not commence before 11:00 A.M., nor continue longer than 4:00 P.M.; and, if not completed within those hours, it may be continued from day to day. History: (Code 1852, §1747; Code 1867, §2071; Code 1876, §2437; Code 1886, §2096; Code 1896, §146; Code 1907, §2610; C…

Such sale may be for cash or on credit not exceeding 12 months, as the court may direct; and if on credit, notes, or bonds, with at least two sufficient sureties, must be taken by the executor or administrator. History: (Code 1852, §§1748, 1752; Code 1867, §§2072, 2077; Code 1876…

When the highest amount bid for the property, or any part thereof, is, in the opinion of the executor or administrator, greatly less than its fair value, he or she may withdraw the property and postpone the sale. History: (Code 1896, §148; Code 1907, §2612; Code 1923, §5839; Code…

Deficiency. If the purchaser fails to comply with the terms of the sale, the executor or administrator may again proceed to advertise and sell the property. If, on another and a completed sale, the property sells for a less sum than the amount bid at the former sale, the purchase…

Any crop commenced by a decedent may be completed and gathered by the executor or administrator, and, the expenses of the plantation being deducted therefrom, is assets in his or her hands, and may be sold by him or her at private sale, either in or out of the state. History: (Co…

All farm products coming into the hands of the executor or administrator as assets of the estate may be sold by him or her at public or private sale, at the reasonable market value, either in or out of the state. History: (Code 1923, §5842; Code 1940, T. 61, §237.)

(a) Administration of an intestate’s estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin entitled to share in the distribution of the estate. (…

Executors and administrators may assign and transfer by endorsement, without recourse or warranty, any mortgages, notes, or accounts belonging to a decedent, provided he or she receives the full amount due thereon, and provided said mortgages, notes, or accounts shall have been e…

(a) When any person engaged in mercantile business dies, leaving a stock of goods, wares, and merchandise, and leaving no surviving partner in such business, the executor or administrator of his or her estate may sell such stock or goods, wares, or merchandise, either at public o…

All accounts of sales of personalty made by the executor or administrator must be returned on oath, within 30 days after such sale, and must be recorded; and such returns may be compelled by attachment. History: (Code 1852, §1753; Code 1867, §2078; Code 1876, §2445; Code 1886, §2…

(a) Any person entitled to administration may relinquish his or her right thereto in the same manner as executors are authorized to renounce their appointment. (b) If no person entitled to the administration of the estate, according to the first three subdivisions of subsections …

Preference of Whole Blood Over Half Blood. If several persons of the same degree of kindred to the intestate, computed by the rules of the civil law, are entitled to the administration, and when several persons are equally entitled thereto, the court may, in its discretion, grant…

The executor or administrator may rent the decedent’s lands at public outcry, or, when the interest of the estate requires it, privately; and such rent is assets; but when lands are rented privately, he or she must report such renting to the probate court of the proper county wit…

Lands may be sold by the executor or by the administrator with the will annexed, for the payment of debts, when the will gives no power to sell the same for that purpose. History: (Code 1852, §1754; Code 1867, §2079; Code 1876, §2447; Code 1886, §2103; Code 1896, §155; Code 1907,…

In case of intestacy, lands may be sold by the administrator for the payment of debts. History: (Code 1852, §1755; Code 1867, §2080; Code 1876, §2448; Code 1886, §2104; Code 1896, §156; Code 1907, §2620; Code 1923, §5848; Code 1940, T. 61, §244; Acts 1984, No. 84-258, p. 426, §1.…

Lands of an estate may be sold by order of the probate court having jurisdiction of the estate when the same cannot be equitably divided among the heirs or devisees, when an adult heir or devisee files his or her written consent that the land be sold. History: (Code 1852, §1867; …

The application for the sale of lands, either for payment of debts or for division, must be made by the executor or administrator in writing, verified by affidavit, to the probate court having jurisdiction of the estate, must describe the lands accurately, must give the names of …

Guardian Ad Litem. (a) The court must appoint a day, not less than 30 days from the time of making such application, for the hearing thereof, and must appoint a proper person, not a petitioner or of kin to a petitioner, as a guardian ad litem, to represent the minors or persons o…

If any of the heirs or devisees reside out of this state, such heirs or devisees may be brought into court by publication, once a week for three successive weeks, in a newspaper published in the county in which the application is made, or if none is published therein, then in the…

Disposition of Shares. If it shall be averred in an application for the sale of lands for the payment of debts or for division, that the names of any of the heirs or devisees are unknown, that the petitioner has made diligent inquiry and cannot ascertain the same, the cause may p…

The person appointed to represent minors, or persons of unsound mind, or unknown parties, must deny in writing the allegations contained in the application, and, if necessary, must employ counsel to defend the interests of those he or she represents. He or she is entitled to reas…

of Applicants and Witnesses. No letters of administration must be granted until the expiration of five days after the death of the intestate is known; and the court may, in all cases, examine the persons applying therefor, on oath, touching the time and place of the death of the …

On the hearing of such application, and when the application is by an executor or administrator with the will annexed, that no power is given by the will for that purpose, the court may direct the sale of all, or such portion of the real estate as may be necessary to pay the debt…

The facts stated in an application to sell land for distribution may be proved or disproved by the deposition of disinterested witnesses, or by oral examination of disinterested witnesses in open court, which must be reduced to writing, filed and recorded; and if the facts stated…

No order for the sale of land belonging to any estate, whether for the payment of debts, or for division, must be made when there are minors or persons of unsound mind or unknown parties interested in such estate, unless the probate court has taken evidence by deposition, showing…

In applications to the probate court for the sale of lands, the patent or deed shall be sufficient evidence to authorize the court to proceed and hear the application. History: (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5…

If, on the hearing of the application, the facts are not proved, the same must be dismissed at the cost of the applicant, for which execution may issue against him or her and his or her sureties. History: (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Co…

When the application for the sale of land for the payment of debts or division is granted and the land directed to be sold, the executor or administrator must give notice of the day, place, and terms of sale, and a description of the property to be sold, by advertisement for thre…

Sections 43-2-414, 43-2-416, and 43-2-417 are applicable to sales of real estate. History: (Code 1897, §170; Code 1907, §2634; Code 1923, §5864; Code 1940, T. 61, §258.)