43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action pending against any person at the time of his death, which by law survives against his personal representative, by notice served on the executor or administrator within six months after the grant of letters, shall be considered as a presentation of the claim on which the action is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code 1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940, T. 61, §215.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-353.htm - 909 bytes - 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
43-2-134
Section 43-2-134 Judgments against administrators in chief revived against administrators de bonis non. In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of such judgment, or their personal representative, against the administrator de bonis non of such estate on 10 days' notice to such administrator de bonis non; but such liabilities shall only bind the administrator de bonis non to the extent of the assets of the estate which have come into his possession. (Code 1907, §2806; Code 1923, §6045; Code 1940, T. 61, §122.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-134.htm - 1K - Match Info - Similar pages
6-2-9
Section 6-2-9 Suspension of limitation - Claims against estates. Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in whole or in part. (Code 1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940, T. 7, §30.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-2-9.htm - 785 bytes - Match Info - Similar pages
11-51-7
Section 11-51-7 Effect of assessments and enforcement thereof by levy of execution upon and sale of property generally; right of redemption of owner of property sold generally. After the assessment has been corrected by the council or other governing body or board of assessors, it has the force and effect of a judgment against the property, real or personal, assessed and against the person owning the same and, at any time within five years after delinquency, may be enforced by an execution issued by the clerk to be levied upon the property, real or personal, which was so assessed for taxation if to be found and, if not, then upon any other property, real or personal, belonging to the person against whom such taxes were assessed. The execution may be in form provided by the council or other governing body, and may be levied by the chief of police or other person designated by the council or other governing body, and the property so levied upon may be sold by such officer upon notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-7.htm - 1K - Match Info - Similar pages
40-15-4
Section 40-15-4 Time of payment and filing return; extension of time. The tax imposed by this chapter shall be paid and the return required by Section 40-15-3 shall be filed on or before nine months after the decedent's death and shall be paid by the personal representative to the Department of Revenue; provided, that where the Department of Revenue finds that the payment on the due date of any part of the amount due would impose undue hardship upon the estate, the Department of Revenue may extend the time for payment of all or any part, not to exceed 10 years from the original due date. In such case the amount or amounts in respect of which the extension is granted shall be paid on or before the dates thus fixed, unless further extended within said limitation as to time. If the time for payment is extended, there shall be collected, in addition to the tax, interest thereon at the legal rate from the original due date of the tax to the date of payment. The Department of Revenue may, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-4.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-223.htm - 1K - Match Info - Similar pages
43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment or decree therein rendered. After judgment or decree has been rendered in any court against an executor or administrator for any debt, damages or costs, if the estate is subsequently declared insolvent, such personal representative may file a certified copy of the decree or order of the probate court declaring such estate insolvent with the clerk or register of the court in which such judgment or decree was rendered against the personal representative; whereupon, it shall be the duty of such clerk or register to certify back to the probate court a copy of such judgment or decree for payment in the probate court as other claims against insolvent estates, after which no execution shall issue or be further enforced against such executor or administrator or sureties personally by the court rendering such judgment or decree. (Code 1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-813.htm - 1K - Match Info - Similar pages
11-47-192
Section 11-47-192 Filing of statement as to manner of injury, damages claimed, etc. No recovery shall be had against any city or town on a claim for personal injury received, unless a sworn statement be filed with the clerk by the party injured or his personal representative in case of his death stating substantially the manner in which the injury was received, the day and time and the place where the accident occurred and the damages claimed. (Code 1907, §1275; Code 1923, §2031; Code 1940, T. 37, §504.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-192.htm - 828 bytes - Match Info - Similar pages
35-11-229
Section 35-11-229 Actions by personal representatives. If any person entitled to a lien under this division shall die before the time has elapsed for filing his statement in the office of the judge of probate without filing it, his personal representative may file the same within three months after the grant of letter; and if such person shall die before commencing an action for the enforcement of his lien, and the lien is not lost at the time of his death, his personal representative may bring an action for the enforcement thereof at any time within six months after the grant of letters. (Code 1886, §3042; Code 1896, §2747; Code 1907, §4778; Code 1923, §8856; Code 1940, T. 33, §59.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-11-229.htm - 1021 bytes - Match Info - Similar pages
|