Title 43 — Title 43
0 chapters · 481 sections in this title.
Ala. Code § 43-6-2 Notice by Representative
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The personal representative of any person leaving property not devised or bequeathed, or where the devisees or legatees are incapable of taking and such representative is unable to ascertain any lawful heirs or distributees or persons capable of taking within six months after the…
Ala. Code § 43-6-3 Contents of Notice
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Such notice must contain the name of the deceased, as near as may be, a description of his or her person, the place where he or she was or is supposed to have been born, the place where he or she died, or was known to reside, and a description of the property of which he or she d…
Ala. Code § 43-6-4 Disposition of Personalty When No Heir Appears
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If no heir or person entitled to receive such estate appears or is ascertained within 12 months after such publication, the money and proceeds of the personal assets must be paid to the judge of probate, after deducting the expenses of administration. History: (Code 1852, §2067; …
Ala. Code § 43-6-5 Disposition of Real Estate When No Heir Appears
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If, after two years from the publication of such notice, no heir or person entitled to receive such estate appears, the real estate must be sold by such personal representative, under the direction of the judge of probate of the county in which letters testamentary or of administ…
Ala. Code § 43-6-6 Decree Against Personal Representative for Failure to Pay Over
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Proceeds. The judge of probate may render decrees against such personal representative, in the name of the state, for the money or proceeds of the property, under the provisions of this chapter, and enforce the same as other decrees by the judge of probate against executors or ad…
Ala. Code § 43-6-7 Payment of Receipts to State Treasurer
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The judge of probate must, within three months after the receipt thereof, pay to the treasurer all moneys he or she may receive under the provisions of this chapter, and, failing so to do, he or she is liable as a defaulter and also forfeits $300.00, one half to the state, and th…
Ala. Code § 43-6-8 Action by State to Recover Personal Property Distributed Without
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Authority. The state may enforce its right to any personal property to which it is entitled under the provisions of this chapter by action against any person into whose possession the same may come; and, if any personal representative pays any money or delivers any property to wh…
Ala. Code § 43-6-9 Duty of Probate Judge to Attend to Interest of State
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It is the official duty of the judge of probate of each county to attend to the interest of the state intended to be secured by the provisions of this chapter. History: (Code 1852, §2073; Code 1867, §2465; Code 1876, §2859; Code 1886, §1944; Code 1896, §1760; Code 1907, §3926; Co…