Title 43 — Title 43

All letters testamentary and of administration, general or special, and the bonds given by executors and administrators must be recorded by the judge of probate. Transcripts thereof, duly certified, are evidence in all the courts of this state to the same extent as if the origina…

No executor or administrator is liable, except in the case provided by Section 43-2- 62, beyond the amount of assets which have come to his or her hands or which have been lost, destroyed, wasted, injured, depreciated or not collected by want of diligence on his or her part or an…

25-6-3. The personal representative and the sureties on his or her bond are liable to the parties in interest for the due and legal distribution of all damages recovered by such representative under Sections 6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may be…

Another Decedent’s Assets. The executor or administrator of any decedent who, as executor, administrator, or otherwise, has wasted or converted to his or her own use any assets of any other decedent is liable in the same manner as his or her testator or intestate would have been …

No person is liable to an action, as executor of his or her own wrong, for having taken, received or interfered with the property of a deceased person but is liable to the executor or administrator for the value of all the property so taken or received and for all damages caused …

No executor or administrator can allege his or her resignation in defense to any action or proceeding without an averment that he or she has settled his or her administration and delivered over the assets of the estate as required by law. History: (Code 1852, §1920; Code 1867, §2…

Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service of process may be made on them in any county in the state. History: (Code 1852, §1918; Code 1867, §2277; Code 187…

No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration, unless the executor or administrator has given notice of the disallowance of the claim. History: (Code 1852, §1917; Code…

Civil actions commenced by a special administrator do not abate by the appointment of an executor or administrator in chief, but may be prosecuted by such executor or administrator. History: (Code 1852, §1924; Code 1867, §2283; Code 1876, §2621; Code 1886, §2264; Code 1896, §332;…

When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party. History: (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622…

Administrators De Bonis Non. In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of…

If any one of two or more executors or administrators, against whom a civil action is pending, die during the pendency of the action, it does not abate but may be continued against the survivor or survivors, on a suggestion of such death on the record. History: (Code 1852, §1927;…

All proceedings to ascertain damages done to real property survive to the executors or administrators. History: (Code 1852, §1929; Code 1867, §2288; Code 1876, §2632; Code 1886, §2267; Code 1896, §335; Code 1907, §2808; Code 1923, §6047; Code 1940, T. 61, §124.)

Civil actions may be brought or proceedings had on any bond given by an executor or administrator, as such, in the name of the party aggrieved until the whole penalty is exhausted. History: (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code 1886, §2272; Code 1896, §341; …

Any legatee, after six months from the grant of letters testamentary or of administration, with the will annexed, may bring a civil action and recover his or her legacy, upon proof that the executor assented to the same. History: (Code 1852, §1931; Code 1867, §2290; Code 1876, §2…

In an action against an executor or administrator, in which the fact of his or her having administered the estate of his or her testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by him or her, is given in evidence…

Representatives - Generally. All judgments, orders, and decrees of the probate court against an executor or administrator for the payment of money may be enforced by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgments in c…

Representatives - Liability of Sureties. When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court “no property” by the sheriff of the county, such judgment, order…

Her Death. When a judgment has been entered against a decedent before his or her death, no execution can issue thereon against his or her personal representative, except in the case provided for in Section 6-9-62; but such judgment may be revived against his or her personal repre…

When any judgment is entered in the circuit court against any executor or administrator, as such, and an execution thereon has been returned “no property” by the sheriff or other officer of the county in which such judgment was entered, an execution may issue against the executor…

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. History: (Code 1886, §2281; Code 1896, §350; Code 1907, §2817; Code 1923, …

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 …

Letters Testamentary; Bond and Surety. 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 a…

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…

Representative. 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,…

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. History: (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…

Whenever a will has been admitted to probate in this state, the judge of the court in which the will was probated may issue letters testamentary, according to the provisions of this article, to the persons named as the executors in such will, if they are fit persons to serve as s…

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…

Letters testamentary may be substantially in the following form: The State of Alabama, }Court of Probate___________ County} The will of ______, having been duly admitted to record in said county, letters testamentary are hereby granted to _____, the executor named in said will, w…

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. History: (Code 1852, §1936; …

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…

of Intervention. 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; …

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. History: (Code 1852, §…

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. History: (Code 1852, §1937; Code 1867, §2296; Cod…

Administrator. (a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence, or want of understanding, is incompetent to discharge the duties of the trust. …

It shall not be necessary, in order for letters testamentary to issue to a married woman, for her husband to consent thereto; and the husband shall not be responsible for her acts. History: (Code 1852, §1660; Code 1867, §1978; Code 1876, §2342; Code 1886, §2007; Code 1896, §49; C…

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…