Code of Alabama

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19-3-30
Section 19-3-30 Claims docket. The register or clerk must keep a docket in which he must enter
each claim, showing under appropriate captions, the name and address of the claimant, the
amount and character of his claim, when due, by whom certified and when filed, with appropriate
spaces for the insertion of the amount of each claim allowed and the amount of the dividend
thereon at each distribution of the trust estate. (Code 1896, §4162; Code 1907, §6064; Code
1923, §10401; Code 1940, T. 58, §18.)...
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41-9-65
Section 41-9-65 Limitation periods for presentation of claims. (a) Unless otherwise provided
in this section, all claims must be presented to the Board of Adjustment within one year after
the cause of action accrues. (b) Claims for injury to the person resulting in death must be
presented to the Board of Adjustment within two years after the cause of action accrues, unless
the same is first carried into the courts of the state, in which event the statute of limitations
shall not begin to run until the date on which a final judgment in the same, holding the claimant
not entitled to relief through the courts of the state, is entered. (c) In the matter of escheats
to the State of Alabama, any such claim must be filed with the Board of Adjustment within
10 years from the time of the escheat to the State of Alabama; except, that the claims of
minors may be considered by the Board of Adjustment if the claims are filed within three years
after the minor has reached the age of 19 years. (d)...
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43-2-390
Section 43-2-390 Authorization to compromise or sell claims. The probate court having jurisdiction
of the estate may authorize any executor or administrator to compromise or sell any bad or
doubtful claim due the estate, on the written application of the executor or administrator,
verified by his affidavit, and stating the facts, supported by evidence satisfactory to the
court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote
the interests of the estate. (Code 1876, §2505; Code 1886, §2088; Code 1896, §138; Code
1907, §2602; Code 1923, §5827; Code 1940, T. 61, §223.)...
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43-2-740
Section 43-2-740 Time and manner of filing claims - Generally. 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 to the declaration of insolvency,
a claim has been filed in the office of the judge of probate, as required by said section,
such claim shall be considered as duly filed under this section. (Code 1852, §1847; Code
1867, §2196; Code 1876, §2568; Code 1886, §2238; Code 1896, §306; Code 1907, §2774; Code
1923, §6013; Acts 1931, No. 721, p. 839; Code 1940, T. 61, §400.)...
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43-2-742
Section 43-2-742 Time and manner of filing claims - Claims verified in another state. 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 a justice
of the peace, it must be certified that such officer was a justice of the peace and that his
attestation is genuine, by some judge of a court of record or a commissioner of said state;
but, when made before either of the other officers specified, no other proof of the taking
of such oath is necessary than the certificate of such officer. (Code 1852, §1849; Code 1867,
§2198; Code 1876, §2570; Code 1886, §2240; Code 1896, §308; Code 1907, §2776; Code 1923,
§6015; Code 1940, T. 61, §402.)...
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19-3-34
Section 19-3-34 Objections to claims - Conduct of hearing; order allowing or disallowing claim.
On the day appointed for the hearing, or any day to which the same may be continued, the register
or clerk must proceed to hear and note the testimony for and against the contested claim,
the verified claim or statement thereof being prima facie evidence of its correctness, and
must make an order allowing or disallowing the claim, in whole or in part, according to the
evidence. (Code 1896, §4166; Code 1907, §6068; Code 1923, §10405; Code 1940, T. 58, §22.)...

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43-2-481
Section 43-2-481 Application for sale. 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 residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
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43-2-62
Section 43-2-62 Penalty for failure to give notice. It is the duty of the judge of probate
to see that such publication is duly made; and any executor or administrator failing to make
the same must not be allowed any compensation as such; and he and his sureties are liable,
on proof that such notice has not been given, to any creditor for the amount which he would
have been entitled to out of the assets of the estate had his claim been duly presented. (Code
1852, §1736; Code 1867, §2059; Code 1876, §2428; Code 1886, §2077; Code 1896, §124; Code
1907, §2588; Code 1923, §5813; Code 1940, T. 61, §95.)...
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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
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