43-2-533
Section 43-2-533 Setting aside decree. If, however, such executor or administrator appears
and files his accounts and vouchers for settlement and pays such costs as have accrued upon
the proceedings had under sections 43-2-530 through 43-2-532, the court may set aside such
decree and proceed as if none had been rendered. (Code 1852, §1820; Code 1867, §2156; Code
1876, §2527; Code 1886, §2158; Code 1896, §226; Code 1907, §2689; Code 1923, §5922; Code
1940, T. 61, §319.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-533.htm - 816 bytes - Match Info - Similar pages

26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-18.htm - 1K - Match Info - Similar pages

26-5-32
Section 26-5-32 Partial settlement generally - Issuance of process requiring conservator to
make partial settlement; taxing of costs. If a conservator fails to make a partial settlement
as often as such settlement is required of him or her, the court must issue process to him
or her, requiring him or her to make such settlement, and all the costs thereof and of the
process must be taxed against him or her personally and must not be charged against the ward
or his or her estate, unless he or she appears in answer to the process and shows a satisfactory
excuse for his or her failure and files his or her accounts and vouchers for such settlement.
(Code 1886, §2469; Code 1896, §2354; Code 1907, §4444; Code 1923, §8217; Code 1940, T.
21, §147; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-32.htm - 1K - Match Info - Similar pages

43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-507.htm - 966 bytes - Match Info - Similar pages

43-2-505
Section 43-2-505 Time for settlement; notice generally. (a) Upon the filing of such account,
vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement,
and must give notice of the same, by publication in some newspaper published in the county,
for three successive weeks; or, if none is published in the county, by posting such notice
at the courthouse and three other public places in such county, for the same length of time;
but if the settlement be only an annual one, publication shall only be given by posting up
notices as above provided. If the settlement is a final one, the probate judge must also give
10 days' notice of the day set for making the settlement to every adult distributee resident
in the state whose place of residence is known or can be ascertained with reasonable diligence,
and to all sureties on the bond of the administrator or executor. (b) Such notice must state
the name of the executor or administrator, the name of the deceased,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-505.htm - 1K - Match Info - Similar pages

6-6-525
Section 6-6-525 Trustee - Partial and final settlements of account. The trustee must, at least
once in three years, make partial settlement of his accounts and may be required to do so
at any time; and, on the termination of the trust, he or, if he is dead, his personal representative
must make final settlement thereof, such settlement to be governed by the provisions of this
Code regulating settlements of guardian's accounts in the court of probate, so far as such
provisions may be applicable. (Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code
1940, T. 7, §1070.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-525.htm - 899 bytes - Match Info - Similar pages

26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-52.htm - 940 bytes - Match Info - Similar pages

26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-3-8.htm - 1K - Match Info - Similar pages

26-5-7
Section 26-5-7 Final settlement generally - When required. On the death, resignation, or removal
of the conservator or on the expiration of his or her authority otherwise or on the arrival
of the ward at full age or on termination of the ward's incapacity or on his or her death
or on the marriage of the ward, if 18 years of age or older or upon the ward becoming 18 years
of age after marriage or after becoming a widow or widower, a final settlement of the conservatorship
must be made, such settlement in the event of the death of the conservator to be made by his
or her personal representative. (Code 1886, §2459; Code 1896, §2344; Code 1907, §4434;
Code 1923, §8207; Code 1940, T. 21, §134; Acts 1951, No. 31, p. 241; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-7.htm - 1K - Match Info - Similar pages

43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument properly
executed and acknowledged by all legatees and distributees, may approve a consent settlement
without notice or publication or posting. In any case in which an administration is conducted
pursuant to letters testamentary or letters of administration granted in this state and such
administration in this state is ancillary to a primary administration in another state, and
proof is made that all legal charges against the estate in this state have been paid in full
and the balance of the assets of the estate in this state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-506.htm - 2K - Match Info - Similar pages