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43-2-837
Section 43-2-837 Duty of personal representative; possession of estate. Except as otherwise
provided by a decedent's will, every personal representative has a right to, and shall take
possession or control of, the decedent's property, except that any real property or tangible
personal property may be left with or surrendered to the person presumptively entitled thereto
unless or until, in the judgment of the personal representative, possession of the property
by the personal representative will be necessary for purposes of administration. A request
in writing by a personal representative for delivery of any property possessed by an heir
or devisee is conclusive evidence, in any action against the heir or devisee for possession
thereof, that the possession of the property by the personal representative is necessary for
purposes of administration. The personal representative shall pay taxes on, receive the income
therefrom, and pay the expenses reasonably necessary for the management,...
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43-6-8
Section 43-6-8 Action by state to recover personal property distributed without 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 which
the state is, under the provisions of this chapter, entitled, to any person not authorized
to receive the same, such personal representative and his sureties are liable to the state
for the amount of such money or value of such property and interest thereon from the time
of such payment or delivery. (Code 1852, §2072; Code 1867, §2464; Code 1876, §2858; Code
1886, §1943; Code 1896, §1759; Code 1907, §3925; Code 1923, §7621; Code 1940, T. 16, §32.)...
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40-15-18
Section 40-15-18 State and federal estate taxes to be paid out of estate property. Unless the
decedent directs otherwise in his or her will, all estate taxes, whether state or federal,
payable by reason of the death of the decedent, shall be paid by the executor or other personal
representative out of the estate property and shall be a charge against the residue thereof,
and the executor or other personal representative shall be under no duty to recover from anyone
for the benefit of the estate the pro rata portion of the estate tax attributable to inclusion
in the gross estate of any property, including proceeds of policies of insurance upon the
life of the decedent receivable by a beneficiary other than the executor or other personal
representative, which does not pass to the executor or other personal representative as a
part of the estate. This section shall apply to the estate of any decedents who shall die
on or after July 26, 1951, and before January 1, 2008, and to the estate...
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35-11-223
Section 35-11-223 Parties. (a) In such actions, all persons interested in the matter in controversy,
or in the property charged with the lien, may be made parties; but such as are not made parties
shall not be bound by the judgment or proceedings therein. (b) On the death of any party to
such action, his personal representative shall be made a party thereto, plaintiff or defendant,
as the case may be, and it shall not be necessary to make his heirs or devisees parties; but
if he has no personal representative, and it is not desired to have one appointed, his heirs
or devisees may be made parties. (Code 1876, §§3447, 3448; Code 1886, §§3030, 3031; Code
1896, §§2735, 2736; Code 1907, §§4766, 4767; Code 1923, §§8844, 8845; Code 1940, T.
33, §§50, 51.)...
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41-9-62
Section 41-9-62 Claims within jurisdiction of board generally; employees of municipalities,
counties, etc., not within jurisdiction of board, etc. (a) The Board of Adjustment shall have
the power and jurisdiction and it shall be its duty to hear and consider: (1) All claims for
damages to the person or property growing out of any injury done to either the person or property
by the State of Alabama or any of its agencies, commissions, boards, institutions or departments,
with the exception of claims by employees of the state for personal injury or death arising
out of the course of employment with the State of Alabama, where such employees are covered
by an employee injury compensation program; (2) All claims for personal injuries to or the
death of any convict, and all claims for personal injuries to or the death of any employee
of a city or county board of education, or college or university, arising out of the course
of the employee's employment and where the employee is not covered...
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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
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14-2-25
Section 14-2-25 Conveyance of property by state; right to possession thereof; consideration
therefor. The Governor of the state is authorized to execute and deliver, at any time and
from time to time, an appropriate deed or deeds conveying to the authority: (1) The Kilby
property, (2) Any unimproved real property belonging to the state in any county which the
department determines to be needed by the authority for the construction of facilities, and
(3) Any improved real property and any personal property associated therewith, belonging to
the state in any county which the department determines to be needed by the authority for
the construction, reconstruction or improvement of facilities. Upon delivery of such deed
to the authority, it thereby shall be invested with all right and title that the state had
in the property conveyed thereby, subject to the right of reverter to the state of all such
property, except such parts of the Kilby property as shall be sold as authorized in Section...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal representative,
if any, a petition for the elective share within six months after the date of death, or within
six months after the probate of the decedent's will, whichever limitation last expires. The
court may extend the time for election for cause shown by the surviving spouse before the
time for election has expired. (b) The surviving spouse shall give notice of the time and
place set for hearing to persons interested in the estate whose interests will be adversely
affected by the taking of the elective share. (c) The surviving spouse may withdraw his demand
for an elective share at any time before entry of a final determination by the court. (d)
After notice and hearing, the court shall determine the amount...
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8-6-140
Section 8-6-140 Definitions. For the purposes of this article, the following words have the
following meanings unless the context otherwise requires: (1) BENEFICIARY FORM. A registration
of a security which indicates the present owner of the security and the intention of the owner
regarding the person who will become the owner of the security upon the death of the owner.
(2) DEVISEE. Any person designated in a will to receive a disposition of real or personal
property. (3) HEIRS. Those persons, including the surviving spouse, who are entitled under
the statutes of intestate succession to the property of a decedent. (4) PERSON. An individual,
a corporation, an organization, or other legal entity. (5) PERSONAL REPRESENTATIVE. Includes
executor, administrator, successor personal representative, special administrator, and persons
who perform substantially the same function under the law governing their status. (6) PROPERTY.
Includes both real and personal property or any interest therein...
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