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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice of
the appointment, stating the name of the deceased, the day on which letters were granted,
by what court, stating the county and notifying all persons having claims against the estate
to present the same within the time allowed by law or that the same will be barred. The notice
of appointment, (1) For actual notice as required in section 43-2-61(1), must be given as
soon as practicable after a creditor's identification is known; and (2) For publication notice
as required in section 43-2-61(2), must be given within thirty days from grant of letters.
(Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122;
Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618,
§1.)...
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19-3B-303
Section 19-3B-303 Representation by fiduciaries and ancestors. To the extent there is no conflict
of interest between the representative and the person represented or among those being represented
with respect to a particular question or dispute: (1) a conservator may represent and bind
the estate that the conservator controls; (2) a guardian may represent and bind the ward if
a conservator of the ward's estate has not been appointed; (3) an agent having authority to
act with respect to the particular question or dispute may represent and bind the principal;
(4) a trustee may represent and bind the beneficiaries of the trust; (5) a personal representative
of a decedent's estate may represent and bind persons interested in the estate; and (6) a
parent or other direct ancestor may represent and bind the minor or unborn issue if a conservator
or guardian for the issue has not been appointed. (Act 2006-216, p. 314, §1.)...
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19-3B-813
Section 19-3B-813 Duty to inform and report. (a) Except as otherwise provided in Section 19-3B-603,
the following rules apply: (1) A trustee shall keep the current permissible distributees of
income or principal of the trust reasonably informed about the administration of the trust
and of the material facts necessary for them to protect their interests. (2) Unless unreasonable
under the circumstances, a trustee shall promptly respond to a qualified beneficiary's request
for information related to the administration of the trust. (b) A trustee: (1) upon request
of a beneficiary, shall promptly furnish to the beneficiary a copy of the trust instrument;
(2) within 60 days after accepting a trusteeship, shall notify the qualified beneficiaries
of the acceptance and of the trustee's name, address, and telephone number; (3) within 60
days after accepting the trusteeship of an irrevocable trust, or the date the trustee acquires
knowledge that a formerly revocable trust has become irrevocable,...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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43-2-550
Section 43-2-550 Final settlement required following death, removal or resignation of executor
or administrator. When an executor or administrator dies, resigns or is removed, or his letters
are revoked, or his authority ceases from any cause, he must within one month after his authority
ceases or, in case of his death, his personal representative must or, in case of his removal
from the state, his sureties must, within six months after the grant of letters, file his
accounts, vouchers and statement of heirs and legatees for and must make final settlement
of the administration of, such executor or administrator, of which settlement notice must
be given in the same manner; and such settlement must be conducted and governed, except as
otherwise provided in this article, by the same rules and provisions of law as other final
settlements by executors or administrators. (Code 1852, §1876; Code 1867, §§2165, 2232;
Code 1876, §§2537, 2590; Code 1886, §2173; Code 1896, §241; Code 1907,...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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6-10-121
Section 6-10-121 How made - Personalty. As to personal property, the waiver may be made by
a separate instrument in writing, subscribed by the party making the same, or it may be included
in any bond, bill of exchange, promissory note, or other written contract executed by him
or her. (Code 1876, §§2847, 2848; Code 1886, §2568; Code 1896, §2105; Code 1907, §4232;
Code 1923, §7961; Code 1940, T. 7, §707.)...
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8-6-147
Section 8-6-147 Assent of owner; discharge from claims. (a) A registering entity is not required
to offer or to accept a request for security registration in beneficiary form. If a registration
in beneficiary form is offered by a registering entity, the owner requesting registration
in beneficiary form assents to the protections given to the registering entity by this article.
(b) By accepting a request for registration of a security in beneficiary form, the registering
entity agrees that the registration will be implemented on death of the deceased owner as
provided in this article. (c) A registering entity is discharged from all claims to a security
by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer
of a security in accordance with Section 8-6-146 and does so in good faith reliance (1) on
the registration, (2) on this article, and (3) on information provided to it by affidavit
of the personal representative of the deceased owner, or by the...
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19-3B-205
Section 19-3B-205 Judicial accountings and settlements. (a) A trustee may file an accounting
of the trustee's administration of a trust in court at any time and seek a partial or final
settlement thereof or, upon petition of an interested party, a court may order a trustee to
render an accounting of the trustee's administration of a trust and require a partial or final
settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and
each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable
rules of civil procedure. (b) A trust accounting must be a reasonably understandable report
from the date of the last accounting or, if none, from the date upon which the trustee became
accountable, or other such date the court may set, which provides reasonable detail of the
transactions affecting the administration of the trust, and which adequately discloses the
following information: (1) The accounting must identify the trust, the...
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