Code of Alabama

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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.)...
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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...
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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.)...
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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.)...
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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...
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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...
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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.)...
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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.)...
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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.)...
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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.)...
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