|
43-2-851
Section 43-2-851 Bond. (a) The court must require a personal representative or special administrator
to furnish bond payable to the judge of probate conditioned upon faithful discharge of all
duties of the trust according to law, with sureties as it shall specify. Unless otherwise
directed, the bond must be in the amount of the aggregate capital value of the property of
the estate in the personal representative's control, plus one year's estimated income, and
minus the value of securities deposited under arrangements requiring an order of the court
for their removal and the value of any land which the fiduciary, pursuant to Section 43-2-844,
lacks power to sell or convey without court authorization. The court, in lieu of sureties
on a bond, may accept other collateral for the performance of the bond, including a pledge
of securities or any other assets or a mortgage of land. (b) The court may at any time reduce
the bond of the personal representative or require the personal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-851.htm - 2K - Match Info - Similar pages
6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-100.htm - 2K - Match Info - Similar pages
8-3-13
Section 8-3-13 Surety may require creditor to bring action against principal; discharge of
surety upon failure to bring action. (a) A surety upon any contract for the payment of money
or for the delivery or payment of personal property may require the creditor or anyone having
the beneficial interest in the contract, by notice in writing, to bring an action thereon
against the principal debtor or against any cosurety to such contract. (b) If an action is
not brought thereon in three months after the receipt of such notice and prosecuted with diligence
according to the ordinary course of law, the surety giving such notice is discharged from
all liability as surety or his aliquot proportion of the debt, as the case may be. (c) One
surety may give the notice in behalf of his cosureties. (d) The remedy secured by this section
does not apply to bonds or other contracts with collateral conditions, nor to the bonds of
executors, administrators, guardians, or public officers. (Code 1852,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-3-13.htm - 1K - Match Info - Similar pages
43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against 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 circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-150.htm - 1K - Match Info - Similar pages
43-2-552
Section 43-2-552 Decree for balance - Generally. 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 favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original grant
of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-552.htm - 1K - Match Info - Similar pages
43-2-848
Section 43-2-848 Compensation of personal representative. (a) A personal representative is
entitled to reasonable compensation for services as may appear to the court to be fair considering
such factors that may include, but are not limited to, the novelty and difficulty of the administrative
process, the skill requisite to perform the service, the likelihood that the acceptance of
the particular employment will preclude other employment, the fee customarily charged in the
locality for similar services, the amount involved and the results obtained, the requirements
imposed by the circumstances and condition of the estate, the nature and length of the professional
relationship with the decedent, the experience, reputation, diligence, and ability of the
person performing the services, the liability, financial or otherwise, of the personal representative,
or the risk and responsibility involved, which shall not exceed two and one-half percent of
the value of all property received and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-848.htm - 2K - Match Info - Similar pages
5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/5-24-15.htm - 2K - Match Info - Similar pages
6-6-370
Section 6-6-370 "Garnishment" defined. A "garnishment," as employed in
this article, is process to reach and subject money or effects of a defendant in attachment,
in a judgment or in a pending action commenced in the ordinary form in the possession or under
the control of a third person, or debts owing such defendant or liabilities to him on contracts
for the delivery of personal property, on contracts for the payment of money which may be
discharged by the delivery of personal property or on contracts payable in personal property;
and such third person is called the garnishee. (Code 1886, §2994; Code 1896, §2171; Code
1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-370.htm - 1009 bytes - Match Info - Similar pages
6-6-393
Section 6-6-393 Issuance and service of process. Upon the filing of the affidavit or the affidavit
and bond, as the case may be, the officer filing the same must issue process of garnishment
and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee
to appear within 30 days and file an answer, upon oath, whether, at the time of the service
of the garnishment, at the time of making his answer or at any time intervening between the
time of serving the garnishment and making the answer he was indebted to the defendant and
whether he will not be indebted in future to him by a contract then existing, whether by a
contract then existing he is liable to him for the delivery of personal property or for the
payment of money which may be discharged by the delivery of personal property or which is
payable in personal property and whether he has not in his possession or under his control
money or effects belonging to the defendant. (Code 1852, §2517; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-393.htm - 1K - Match Info - Similar pages
27-7-23
Section 27-7-23 Temporary license - Generally. (a) The commissioner may, in his or her discretion,
issue a temporary producer license without requiring an examination or prelicensing course
if the commissioner deems the temporary license is necessary for the servicing of an insurance
business in any of the following cases: (1) To the surviving spouse or court-appointed personal
representative of a licensed producer who dies or becomes mentally or physically disabled
to allow adequate time for the sale of the insurance business owned by the producer or for
the recovery or return of the producer to the business or to provide for the training and
licensing of new personnel to operate the producer's business. (2) To a member or employee
of a business entity which is licensed as a producer, upon the death or disability of the
individual designated in the business entity application or the license. (3) To the designee
of a licensed producer entering active service in the Armed Forces of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-7-23.htm - 3K - Match Info - Similar pages
|