Title 43 — Title 43

In the allowance of fees to executors or administrators and their attorneys on final settlement, the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such administrators or executors shall be entitled to f…

This division shall be known as the “Revised Alabama Small Estates Act.” History: (Acts 1975, 3rd Ex. Sess., No. 145, §1; Act 2025-431, §1.)

For the purposes of this division, the following words and phrases have the following meanings: (1) DECEDENT. A deceased individual who is not survived by a minor child who is not the child of the surviving spouse, if any, and whose estate is subject to summary distribution under…

(a) During the pendency of a summary disposition, any person entitled to the homestead allowance under Section 43-8-110, exempt property under Section 43- 8-111, or the family allowance under Sections 43-8-112 and 43-8-113 may file a verified petition in the office of the judge o…

Distributee Entitled to Personal Property Without Administration. (a) A person, or a person duly authorized to act for the person, entitled to an interest in a small estate under this division may initiate a proceeding for summary distribution of the estate by filing a verified p…

(a) Upon finding that the applicable requirements enumerated in this division have been met, the judge of probate shall enter an order directing summary distribution of the estate delineating the portion of the small estate that each person identified in the order is entitled. (b…

Thereto. Upon delivering a copy of the judge of probate’s order directing summary distribution, the persons entitled to summary distribution of the decedent’s estate under this division shall be entitled to have the decedent’s property or the evidence of the decedent’s ownership …

The right of a person to summary distribution of a decedent’s estate provided for by this division shall be subject only to any preexisting rights to administer the estate or probate the will, or to the superior rights of any other person to the personal property. History: (Acts …

The person making payment, delivery, transfer, or issuance of personal property or evidence thereof pursuant to an order for summary distribution issued under this division shall be discharged and released to the same extent as if made to a personal representative of the decedent…

Whenever fraud had been perpetrated in connection with any proceeding or in any statement filed under this division or if fraud is used to avoid or circumvent the provisions or purposes of this division, any person injured by these actions may obtain appropriate relief against th…

The small estate amount shall at all times be equal to the combined maximum amount of the homestead allowance, exempt property, and family allowance provided under Sections 43-8-110 through 43-8-113, as adjusted pursuant to Section 43-8-116. History: (Act 2025-431, §2.)

or Filing of Petition Under Section 43-2-692. (a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall give notice of his or her appointment, or the filing of a petition in acco…

Administrator; Fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator and issue letters of administration, pursuant to the timing limitations of Section 43-2-43. (b) The petition sh…

(a) The Medicaid Agency may file a claim against the estate of a Medicaid recipient for the amount of any medical assistance payments made on behalf of the recipient, but only as allowed by 42 U.S.C. §1396p, except that the agency shall not file a claim that includes medical assi…

The Medicaid Agency conducts a liens program in accordance with 42 U.S.C. §1396p. The liens program is operated within the federal law restrictions. Nothing in this division shall shrink or expand the Medicaid Agency’s federal law authority or grant a new cause of action that is …

When the real and personal property of any decedent is insufficient for the payment of the debts, the proceeds arising from the sale thereof must be distributed as directed by Section 43-2-371 in proportion to the amounts due to each class of creditors, in the order in such secti…

Whenever the executor or administrator of any estate is satisfied that the property of the estate is insufficient to pay its debts, he or she must file with the judge of probate of the court having jurisdiction of the estate a report in writing that such estate is, to the best of…

He or she must file with such report: (1) A statement of all the goods and chattels, evidences of debt, and other personal property, with the estimated value of each, and the amount of money belonging to such estate; (2) A full statement of the real property of the deceased, or a…

Such report and statement must be accompanied by an affidavit of the executor or administrator to the effect that they are correct to the best of his or her knowledge, information and belief. History: (Code 1852, §1831; Code 1867, §2180; Code 1876, §2552; Code 1886, §2225; Code 1…

The probate court, on the filing of such report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom, to hear and determine the same and must give notice to the creditors of and to all persons interested in the estate of the filing of the report an…

Any creditor or other person interested in the estate may make an issue as to the correctness of such report by denying in writing that the estate is insolvent, which issue must be tried by a jury on the application of any party; but only one issue must be made, in which any numb…

If such issue is decided against the executor or administrator, the report must be dismissed, and execution for the costs may issue against him or her and his or her sureties; but if it is decided in his or her favor, the costs must be paid by the contesting creditor, or parties …

If no person contests the correctness of the report or if the issue is decided against contestant, the court must declare the estate insolvent and must make an order for the executor or administrator on a day therein named, not less than 30 nor more than 60 days therefrom, to app…

An estate of a decedent having once been declared insolvent, it shall not be necessary for any succeeding administrator to apply for or obtain a declaration or decree of insolvency; but a declaration of insolvency once had, and remaining unreversed, shall continue and apply to an…

(a) Any party to the proceedings to declare an estate insolvent may appeal to the supreme court or court of civil appeals from the decree or order declaring the estate insolvent or dismissing the report within 42 days from the rendition of such order or decree in the manner provi…

On the day appointed for the settlement of the administration of an estate declared insolvent or on any day to which the same is continued, the creditors present or represented may nominate to the court any fit person, an inhabitant of this state, as administrator of the property…

(a) In making the nomination, each creditor, in person or represented, votes as follows: (1) On claims held by any one creditor, not exceeding in the aggregate $1,000.00, one vote for each $100.00; and (2) On claims held by any one creditor, exceeding in the aggregate $1,000.00, …

The person receiving a plurality of votes must be appointed by the court administrator of the property, rights, and credits of the estate unadministered. History: (Code 1852, §1843; Code 1867, §2192; Code 1876, §2564; Code 1886, §2234; Code 1896, §302; Code 1907, §2770; Code 1923…

If none of the creditors attend at the time appointed or if, from any other cause, no appointment of such administrator is made, the court may, in its discretion, continue the former executor or administrator or may appoint any fit person, or the general administrator of the coun…

Administrator. Whenever an administrator is appointed under the provisions of this division, any former grant of letters on the estate is thereby revoked; and the property of such estate is thereby vested in such administrator. History: (Code 1852, §1846; Code 1867, §2195; Code 1…

Whenever a vacancy occurs in the office of such administrator, the court, on motion of any creditor of the estate, may order another meeting of creditors, and hold another election, and make the appointment of the person elected, in all respects, as upon the first meeting of the …

Every person having any claim against the estate declared insolvent must file the same in the office of the judge of probate as provided by subsection (b) of Section 43-2-350. Any defect or insufficiency in the affidavit may be supplied by amendment at any time. And when, prior t…

Persons of Unsound Mind. The provisions of Section 43-2-740, as to the time within which claims are to be filed, do not apply to infants and persons of unsound mind who have no legal guardian at the time of the declaration of insolvency; but such minors and persons of unsound min…

When a claim against such estate is verified by the oath of a person out of this state, but within the United States, such oath may be made before a notary public, justice of the peace, or any judge or clerk of a court of record, or a commissioner of such state. When made before …

When such oath is taken out of the United States, it may be taken before any judge or clerk of a court of record, mayor or chief magistrate of any county, city, borough or town, notary public or diplomatic, consular or commercial agent of the United States. No proof of the taking…

The judge of probate must, when required, give a receipt for such claim to the claimant, his or her agent or attorney and must endorse on the claim the day when the same was filed and sign his or her name thereto. History: (Code 1852, §1851; Code 1867, §2200; Code 1876, §2572; Co…

Such judge must keep a docket of all the claims thus filed, which must be at all times, during office hours, subject to the inspection of the administrator and creditors of, or any person interested in, the estate. History: (Code 1852, §1852; Code 1867, §2201; Code 1876, §2573; C…

If no opposition is made, in the manner provided in Section 43-2-747, within six months after the time when the estate was declared insolvent, such claim must be allowed against the estate without further proof. History: (Code 1852, §1853; Code 1867, §2202; Code 1876, §2574; Code…

At any time within six months after the declaration of insolvency, the administrator or any creditor, heir, legatee, devisee, or distributee may object to the allowance of any claim filed against the estate by filing objections thereto in writing; and, thereupon, the court must c…

If a part only of such claim is found to be due, it must be allowed for that amount and the costs paid by either party, or in such proportion by either party as the court may direct. History: (Code 1852, §1855; Code 1867, §2204; Code 1876, §2576; Code 1886, §2246; Code 1896, §314…

Any creditor whose debt is not due must file the same as if due and thereupon must be considered as a creditor under this division; and he or she is entitled to his or her dividend or such an amount as, with the interest added from the time of payment to the maturity of the debt,…

Any creditor of an insolvent estate, whose claim is allowed after a partial distribution, must be allowed out of the remaining assets of such estate, if sufficient, such an amount as will give him or her his or her just dividend. History: (Code 1852, §1863; Code 1867, §2212; Code…

(a) Any creditor of an insolvent estate, whose claim is not barred, may bring a civil action against any person who has received any dividend of such estate and may recover from him or her such an amount of the dividend he or she has received as shall be in the same proportion th…

Every executor or administrator of an insolvent estate must make a settlement of his or her accounts, as such, at such time as the court may appoint, not less than six months nor more than 12 months from the time the estate is declared insolvent. History: (Code 1852, §1856; Code …

At such settlement, the court must decree to each creditor whose claim has been allowed, as provided in this article, his or her proportion of all moneys then found due from such executor or administrator, reserving in his or her hands a ratable proportion of such moneys for such…

On the application of an executor or administrator of an estate which has been declared insolvent for an order for the sale of lands belonging to the estate for the payment of debts, he or she shall be allowed to obtain such order without taking any evidence to show the necessity…

to Heirs and Devisees. Such application shall be in writing, verified by affidavit, shall contain an accurate description of the lands sought to be sold and shall set forth the names and places of residence of the heirs or devisees and whether they are under or over the age of 19…

The administrator of an insolvent estate may maintain an action for the recovery of lands of the estate in every case in which such action might be maintained by him or her if the estate was solvent. History: (Code 1867, §2216; Code 1876, §2588; Code 1886, §2260; Code 1896, §328;…

During the progress of any civil action against an executor or administrator, he or she may show that such estate has been reported insolvent; and, upon such showing, the case must be continued until the final disposition of such report. History: (Code 1852, §1858; Code 1867, §22…

The executor or administrator may, at any time before judgment, plead specially that the estate has been declared insolvent; and, in such case, the other issues must be tried and judgment entered thereon. History: (Code 1852, §1859; Code 1867, §2208; Code 1876, §2580; Code 1886, …