Title 43 — Title 43

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. History: (Code 1852, §1763; Code 1867, §2089; Code 1876, §2461; Code 1886, §2117; Code 1896, §171; Code 1907, §26…

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. History: (Code 1852, §1764; Code 1867, §2090; Code 1876, §2462; Co…

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…

When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken, no letters in chief must be granted until the appeal is finally dispos…

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 …

(a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing the collection and preservation by him or her of t…

Letters testamentary or of administration and letters to a special administrator or to any general administrator, sheriff or coroner, granted by any court having jurisdiction, are conclusive evidence of the authority of the person to whom the same are granted, from the date there…

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. History: (Code 1852, §1801; Code 1867, §2136; Code 1876, §2508; Code 1886; §…

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. History: (Code 1852, §1821; Code 1867, §2157; Code 1876, §2528; Code 1886, §2134; Code 1896, §202; Co…

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. History: (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code 1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code 1940, T.…

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. History: (Code 1852, §1803; Code 1867, §2138; Code 1876, §2510; Code 1886, §2137; Code 1896, §205; Code 1907, §2…

(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. History: (Code 1852, §1813; Code 1867, §2148; Code 1876, §2520; Code 1886, §2142; Code 1896, §210; Code 1907, §…

(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. History: (Code 1852, §1812; Code 1867, §2147; Code 1876, §2519; Code 1886…

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. History: (Code 1852, §1814; Code 1867, §2149; Code 1876, §2521; …

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. History: (Code 1852, §1815; Code 1867, §2150; Code 1876, §2522; Code 1886, §2146; Code 1896, §214; Cod…

On auditing the account, the court must state the same and render a decree passing it as stated; and the same must be recorded. History: (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,…

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…

Upon the final settlement, any item of account included in any previous settlement may be reexamined; but its allowance in the previous settlement is presumptive evidence of its correctness. History: (Code 1852, §1823; Code 1867, §2159; Code 1876, §2531; Code 1886, §2149; Code 18…

Decree; Reopening Account. Whenever any administrator or executor shall file any annual, partial or final settlement in any court having jurisdiction thereof, the court shall, at the request of such administrator or executor, require that notice thereof be given in the same manne…

Any executor or administrator may be required by citation to file his or her accounts and vouchers and to make a settlement, notwithstanding any provision in any will or other instrument to the contrary; and, if after service of the citation, he or she fails to file his or her ac…

Restate Account. After stating such account, the court must issue a citation to such executor or administrator to appear on a day therein named and file his or her accounts and vouchers for settlement or that the account so stated will be passed, which must be served on him or he…

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator and show that he or she is entitled to additional credits; and any person interested may attend and contest any item of such account or in any previous account, or …

If, however, such executor or administrator appears and files his or her accounts and vouchers for settlement and pays such costs as have accrued upon the proceedings had under Sections 43-2-530 through 43-2-532, the court may set aside such decree and proceed as if none had been…

Executor or Administrator. When an executor or administrator dies, resigns, or is removed, or his or her letters are revoked, or his or her authority ceases from any cause, he or she must within one month after his or her authority ceases or, in case of his or her death, his or h…

The remaining or succeeding executor or administrator of the estate of the decedent, if there be one, must be made a party to such settlement and, if a resident of this state, must have personal notice of the time of making the same served on him at least 10 days before the day a…

If there remains any act of administration to be done, other than making settlement and distribution or payment of legacies, and there is a remaining or succeeding executor or administrator, a decree must be rendered in his or her favor for the amount found due on such settlement…

Administrator; Insolvent Estates. If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator, the probate court may, if six months have elapsed from the grant of original letters, render a decr…

The probate court may stay execution on any decree rendered under the provisions of Section 43-2-553, for any time not exceeding six months, if, in the judgment of the court, the interest of the estate requires extension. History: (Code 1867, §2168; Code 1876, §2540; Code 1886, §…

If such outgoing executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties fail to make settlement within the time required by this division, the court may, of its own motion or on the applicati…

Restate Account. After stating such account, the court must issue citation to such executor or administrator or, if dead, to his or her personal representative or, in case of his or her removal from the state, to his or her sureties to appear on a day therein named and to file hi…

On the day appointed for auditing such account, any person may attend on the part of such executor or administrator or, if dead, of his or her personal representative or, in case of his or her removal from the state, his or her sureties and show that he or she is entitled to addi…

If, however, such executor or administrator or, if dead, his or her personal representative or, in event of his or her removal from the state, his or her sureties appear and file his or her accounts and vouchers for settlement and pay such costs as have accrued upon the proceedin…