Title 43

The executor or administrator of any decedent may purchase for the estate property sold under any judgment of the circuit court or under any execution in his or her favor as such executor or administrator. (Code 1886, §2281; Code 1896, §350; Code 1907, §2817; Code 1923, §6056; Co…

Any subsequent administrator, or administrator with the will annexed, may have execution on any judgment recovered by any person who preceded him or her in the administration of the same estate, without reviving the same or without proceeding to notify the defendant in such judgm…

Each judge of probate must appoint a suitable person as a general administrator within his or her county, who must take charge of the estates of deceased persons or act as special administrator, in those cases in which no other persons entitled thereto will administer and no othe…

The administration of an estate must not be committed to the general administrator or to the sheriff, except as special administrator, until the death of the decedent has been known 40 days, nor until one month after the death, resignation, or removal of an executor or administra…

In case there is no general administrator and no other fit person will administer, the court may commit administration to the sheriff of the county; when so committed, the administration attaches to the office, and the official oath and bond of such office are the security for hi…

(a) The general administrator may be removed for the same causes as other administrators. Such removal may be made by the judge of probate without notice, but the grounds thereof must be entered on the minutes of the court. (b) The resignation of the office of general administrat…

Upon the resignation or removal of a general administrator from office, the judge of the probate court of the proper county must proceed to appoint some other suitable person general administrator for such county, who shall give bond as required by law, and administer on such est…

The general administrator must, from time to time, enter, in a well-bound book to be supplied by the court of county commissioners, a full and complete record of his or her official acts concerning each estate in his or her charge. Such book shall be kept in the office of the jud…

The application filed by a nonresident for letters testamentary or of administration must set forth his or her name and post-office address; but the address so given may, at any time, be changed by such nonresident executor or administrator, such change to be shown by a written s…

Judges of probate are authorized to issue letters testamentary to persons named as executors in wills regularly probated who are nonresidents of this state, upon like bond and surety and upon the same terms, conditions, and requirements as are required by law of citizens of this …

When the will has been probated in another state or territory, before issuing letters testamentary thereon to a nonresident executor, the judge of probate must require him or her to file in court a copy of the will under which he or she is appointed, together with a certificate o…

When any nonresident dies, leaving assets in this state, if no application for letters of administration is made by a relative or creditor entitled thereto, an administrator of his or her estate, appointed by the competent authority of the state or territory of his or her domicil…

When letters are granted to a nonresident executor or administrator, the assets of the estate upon which such letters are granted, which may be within this state at the date of such letters, shall in all respects be administered and settled as if such letters had been issued to a…

The personal representative of a deceased person, by appointment of a court having jurisdiction in any state other than the state of Alabama, may receive and collect any indebtedness or bank deposit owing to the deceased by any person who is a resident of Alabama, and such person…

Nonresident executors or administrators appointed under the provisions of this article may, by giving security for costs as required by law of nonresidents, bring and maintain civil actions in the courts of this state in all respects as may be done by resident executors and admin…

Civil actions may be brought against nonresident executors and administrators in their representative character, in all cases, in the county in which letters were granted. (Code 1896, §86; Code 1907, §2562; Code 1923, §5785; Code 1940, T. 61, §147.)

Service of summons or other process may be made upon nonresident executors and administrators personally if found within the state. Such service may be made in any case by personal service upon them if found within the state, or by filing in the probate court granting letters a c…

Citations to make settlements and other citations or notices to such nonresident executors and administrators, and all writs or legal process, including executions on decrees and judgments, may be served by depositing a copy in a sealed envelope, postage prepaid, in a post office…

Upon the return of an execution as provided in Section 43-2-199 and, further, that no property of such executor or administrator, or property not sufficient to satisfy the same, is found in the county in which the execution is issued, the sureties on his or her bond shall be liab…

The judge of probate, in determining the amount of the bond which such executor or administrator should give, may examine him or her on oath; and such bond, when given, stands as security, on its condition being broken, for any person thereby injured. (Code 1852, §1936; Code 1867…

Any executor or administrator who has obtained letters testamentary or of administration on the estate of a person who was not, at the time of his or her death, an inhabitant of this state, in any other of the United States, and who has not obtained letters of administration ther…

No civil action brought by any foreign executor or administrator, under the provisions of Section 43-2-211, must be abated, barred, or affected by the grant of letters of administration in this state, either prior or subsequent to the institution of such action; but, in such case…

Before a judgment is rendered in a civil action brought by such foreign executor or administrator, the plaintiff must prove that he or she has complied in all respects with the provisions of Section 43-2-211, and, failing to do so, he or she cannot recover. (Code 1852, §1935; Cod…

A delivery of property or the recovery of judgment, under the provisions of Section 43-2-211, is a protection to the defendant or to the person delivering the property, to the extent of such judgment or the value of such property. (Code 1852, §1937; Code 1867, §2296; Code 1876, §…

Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the place of his or her last domicile within this state shall be applied for, it shall be the duty of the judge of probate to whom the application …

It shall be lawful for the respective probate courts of this state to appoint a personal representative of the estates of persons who are presumed to be dead on account of absence for five or more years from the place of their last domicile within this state as provided in this a…

At the hearing, the probate court shall take such legal evidence as shall then be offered for the purpose of ascertaining whether the presumption of death is established, and no person shall be disqualified to testify by reason of his or her relationship as husband or wife to the…

If satisfied upon the hearing that the legal presumption of death is made out, the court shall so decree and shall forthwith cause notice thereof to be inserted for two successive weeks in a newspaper published in the county and also, when practicable, in a newspaper published at…

If, within the period of said 12 weeks, evidence satisfactory to the probate court of the continuance in life of the said decedent shall not be forthcoming, it shall be the duty of the court to issue the letters of administration to the party thereto entitled, and the said letter…

The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after which revocation all the powers of the administrator shall cease, but all receipts, disbursements of assets, and other acts previously done b…

After revocation of the letters, the person erroneously supposed to be dead, may, on suggestion filed of record of the proper fact, be substituted as plaintiff in all actions brought by the administrator, whether prosecuted to judgment or otherwise. He or she may in all actions p…

The costs attending the issue of letters, or their revocation, shall be paid out of the estate of the supposed decedent. Costs arising upon an application for letters which shall not be granted shall be paid by the applicant. (Acts 1939, No. 46, p. 53; Code 1940, T. 61, §163.)

All laws in this state with respect to procedure in the administration of estates of deceased persons which are not in conflict with the provisions of this article are made applicable to proceedings under this article. (Acts 1939, No. 46, p. 53; Code 1940, T. 61, §164.)

When, in any proceeding in any court, the estate of a deceased person must be represented, and there is no executor or administrator of such estate, or he or she is interested adversely thereto, it shall be the duty of the court to appoint an administrator ad litem of such estate…

When, in such proceedings, the estate represented by the administrator ad litem is entitled to a decree or judgment for the recovery of money or for the possession of real or personal property, such decree or judgment shall be rendered in favor of the administrator ad litem for t…

When such decree or judgment is for the recovery of money and the estate has no executor or administrator, execution shall issue thereon in favor of the administrator ad litem for the use of the estate, and the money, when collected, shall be paid by the officer to the judge of t…

When such decree or judgment is for the recovery of real or personal property and the estate has no executor or administrator, no writ of possession or other writ for the enforcement of such decree or judgment shall issue thereon until there shall be some person duly authorized u…

When such administrator ad litem is appointed on account of the adverse interest of the executor or administrator, and the decree or judgment is rendered against such executor or administrator, no execution, writ of possession, or other writ for the enforcement of the decree or j…

It shall be the duty of the judge of probate, clerk, or register receiving the money to pay over the same, less one half of one percent thereon, to the person entitled thereto, on demand; and for failure to do so, he or she incurs a penalty in favor of such person of 10 percent t…

Such administrator ad litem must be allowed for his or her services such compensation as the judge of probate or judge of the circuit court appointing him or her may direct, to be taxed and collected as part of the costs of the proceedings, either out of the estate represented by…

An executor or administrator may, by a writing subscribed by him or her, resign; and his or her resignation must be filed and entered of record in the court having jurisdiction of the administration. (Code 1852, §1718; Code 1867, §2039; Code 1876, §2408; Code 1886, 2060; Code 189…

In case of resignation, the executor or administrator and his or her sureties are bound for all the assets not administered, which have not been delivered over to his or her successor. (Code 1852, §1719; Code 1867, §2040; Code 1876, §2409; Code 1886, §2061; Code 1896, §108; Code …

(a) If the sole executor or all the executors die, resign, or are removed, the probate court having jurisdiction of the estate must grant letters of administration, with will annexed, to the person entitled thereto under Section 43-2-27. (b) If an administrator dies, resigns, or …

After a final settlement, there being personally not administered which requires an administrator for the proper disposition thereof, the judge of probate of the proper county must proceed to appoint a suitable person as administrator who shall give bond as required by law and ad…

The removal of any resident executor from this state to any other state or territory of the United States shall not be cause for his or her removal from the office of executor; but, on and after his or her removal, he or she shall in all respects be regarded and treated as a nonr…

An administrator may be removed, and his or her letters revoked for his or her removal from the state; and an administrator or executor may be removed and his or her letters revoked for any of the following causes: (1) Imbecility of mind; intemperance; continued sickness, renderi…