Title 43

In case of intestacy, lands may be sold by the administrator for the payment of debts. (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. (Code 1852, §1867; Code 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 …

(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 of unsound mind, if …

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…

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 proceed against them wit…

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…

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. (Code 1867, §2129; Code 1876, §2473; Code 1886, §2131; Code 1896, §186; Code 1907, §2651; Code 1923, §5881; Code…

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. (Code 1852, §1761; Code 1867, §2087; Code 1876, §2459; Code 1886, §2115; Code 1896, …

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. (Code 1897, §170; Code 1907, §2634; Code 1923, §5864; Code 1940, T. 61, §258.)

The executor or administrator must secure the purchase money by taking notes or bonds of the purchaser, with sufficient sureties, or taking a purchase money mortgage. (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code 1886, §2117; Code 1896, §171; Code 1907, §2635; Code …

Lands may be sold at such place in the county where they lie, as the court may direct; and if they lie in one body, but in more than one county, they may be sold in either of the counties, as the court may direct. (Code 1852, §1764; Code 1867, §2090; Code 1876, §2462; Code 1886, …

The executor or administrator must, within 30 days after such sale, report on oath his or her proceedings to the court, which report must show whether or not the executor or administrator has any personal pecuniary interest in the sale, whether he or she is, directly or indirectl…

If it appears from the report of the personal representative provided for in Section 43-2-459 that he or she has a personal interest in such sale, or that he or she was, directly or indirectly, the purchaser at such sale, or if the court is satisfied from the examination of witne…

(a) If, on such examination, the court is satisfied that the sale was not fairly conducted, or that the amount for which the land, or any portion of the same, sold was greatly less than its real value, the court may vacate such sale, either in whole or in part. (b) If it is made …

Whenever the court is satisfied that such sale was fairly conducted, and the land sold for an amount not greatly less than its real value, and the purchase money is paid, or sufficiently secured, by mortgage or other personal security, it must make an order confirming such sale; …

When lands have been sold on credit, and when the whole of the purchase money has been paid, the executor or administrator must, within 30 days after such complete payment has been made, report the fact of such payment to the court of probate. If he or she fails to do so within t…

After such confirmation, and when the whole of the purchase money has been paid by the purchaser, or his or her heirs, or any other person holding under him or her directly or derivatively, on the application of such purchaser, or his or her heirs, or such other person holding un…

(a) If the executor or administrator fails, within the time required by law, to report any sale of lands made by him or her under the provisions of this article, the purchaser, or his or her heirs, or any other person claiming under him or her directly or derivatively, may, on mo…

(a) When a mistake has been made in the description of lands of a decedent sold in good faith under an order of the probate court, either in the petition, order or other proceedings, the court ordering the sale has authority, on the written application of the purchaser, or his or…

Real estate received by an executor or administrator in payment of any bad or doubtful claim, on a compromise of such claim made under an order of the probate court, may be distributed by the court having jurisdiction of the estate, by sale or division, upon the same proceedings …

Lands of an estate may be ordered sold by the probate court having jurisdiction of the estate for the payment of pecuniary legacies, when such legacies are expressly or by necessary implication made a charge on such lands and the will does not confer upon the personal representat…

The application for the sale of lands for the payment of legacies must be made by the executor by petition, verified by affidavit, to the probate court having jurisdiction of the estate. It must describe the lands accurately and give the names of the devisees and their places of …

Notice of the filing of such petition must be given as provided by law on petition by the personal representative to sell lands for division or for the payment of debts, and testimony shall be taken and all other proceedings had and the sale, if ordered, shall be made as now prov…

Every executor or administrator must make annual settlements of his or her administration; and he or she may, when necessary for the interests of the estate, be required to make a settlement at any time. (Code 1852, §1801; Code 1867, §2136; Code 1876, §2508; Code 1886; §2133; Cod…

Final settlement may be made at any time after six months from the grant of letters, if the debts are all paid and the condition of the estate in other respects will admit of it. (Code 1852, §1821; Code 1867, §2157; Code 1876, §2528; Code 1886, §2134; Code 1896, §202; Code 1907, …

In making settlements of an administration, the executor or administrator must proceed as follows: He or she must make out an account between himself or herself and the estate he or she represents, charging himself or herself with all the assets of the deceased which have come in…

If such statement is not filed, the executor or administrator and his or her sureties are liable for all damages arising therefrom. (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code 1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code 1940, T. 61, §296…

The court must appoint a competent attorney-at-law as guardian ad litem to represent the interests of minors and persons of unsound mind interested in such settlement. (Code 1852, §1803; Code 1867, §2138; Code 1876, §2510; Code 1886, §2137; Code 1896, §205; Code 1907, §2670; Code…

(a) Upon the filing of such account, vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement, and must give notice of the same, by publication in some newspaper published in the county, for three successive weeks; or, if none is published in…

In any case in which an administration is conducted pursuant to letters testamentary or letters of administration with the will annexed granted in this state and all legatees and distributees named in the will are of age and proof is made that all legal charges against the estate…

On the day appointed or any other day to which the settlement is continued, the court must proceed to examine and audit the account; and, on such auditing, the executor or administrator must produce satisfactory proof of the correctness of each item on the credit side of the acco…

Any judge of probate, clerk or register of any circuit court or officer of any other court in Alabama having jurisdiction of partial or final settlement of estates of deceased persons shall be authorized to satisfy any claim legally filed against such estates and recorded in the …

If any executor or administrator uses any of the funds of the estate for his or her own benefit, he or she is accountable for any profit made thereon or legal interest. (Code 1852, §1813; Code 1867, §2148; Code 1876, §2520; Code 1886, §2142; Code 1896, §210; Code 1907, §2675; Cod…

(a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his or her hands, may defray the necessary and reasonable expenses of maintaining and educating minors who are entitled to distribution therein, and who have no legal guardian; and, …

Any person interested may appear and contest any item of the account and may examine the executor or administrator or any other witness and may introduce any legal evidence in support of his or her contest. (Code 1852, §1812; Code 1867, §2147; Code 1876, §2519; Code 1886, §2143; …

Upon final settlement, any person contesting may also show that the executor or administrator has failed to charge himself or herself with or to account for all the assets of the decedent received by him or her, or that he or she has failed to collect the same, or any portion the…

The depositions of witnesses may be taken on interrogatories and read in evidence, or witnesses examined orally, by any party to the settlement, in the same cases, for the same causes and under the same rules as depositions are taken and read, or as witnesses are examined in civi…

If any item as charged by the executor or administrator is reduced or not allowed, the costs of the contest in relation to such item must be paid by the executor or administrator, otherwise, by the party contesting. (Code 1852, §1814; Code 1867, §2149; Code 1876, §2521; Code 1886…

The executor or administrator may, before the decision of the court on any item, withdraw the same; but in such case he or she must pay the costs of the contest as to such item. (Code 1852, §1815; Code 1867, §2150; Code 1876, §2522; Code 1886, §2146; Code 1896, §214; Code 1907, §…

On auditing the account, the court must state the same and render a decree passing it as stated; and the same must be recorded. (Code 1852, §1816; Code 1867, §2152; Code 1876, §2523; Code 1886, §2147; Code 1896, §215; Code 1907, §2683; Code 1923, §5916; Code 1940, T. 61, §312.)

The jurisdiction of the probate court to make partial or final settlements or distributions of the estates of decedents is not affected by the fact that the executor or administrator making the settlement is also guardian of any heir or distributee, devisee, or legatee of the dec…