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43-2-61
Section 43-2-61 Manner of giving notice. Notice, as prescribed in section 43-2-60, must be
given: (1) By first-class mail addressed to their last known address, or by other mechanism
reasonably calculated to provide actual notice, to all persons, firms, and corporations having
claims against the decedent, who are known or who are reasonably ascertainable by the personal
representative within six months from the grant of letters; and (2) By publishing a notice
once a week for three successive weeks in a newspaper of general circulation published in
the county in which the letters were granted or, if none is published in the county, in the
one published nearest to the courthouse thereof or in an adjoining county. (Code 1852, §1735;
Code 1867, §2058; Code 1876, §2427; Code 1886, §2076; Code 1896, §123; Code 1907, §2587;
Code 1923, §5812; Code 1940, T. 61, §94; Acts 1989, No. 89-811, p. 1618, §2.)...
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25-6-4
Section 25-6-4 Acceptance of insurance benefits, etc., not to bar action, etc.; setoff. No
contract of employment, insurance, relief benefit or indemnity for injury or death entered
into by or on behalf of any employee, nor the acceptance of any such insurance, relief benefit
or indemnity by the person entitled thereto shall constitute any bar or defense to any action
brought to recover damages for personal injuries to or death of such employee, but, upon the
trial of such action against any employer, the defendant may set off therein any sum he has
contributed toward any such insurance, relief benefit, or indemnity that may have been paid
to the injured employee or, in case of death, to his personal representative. (Code 1907,
§3913; Code 1923, §7601; Code 1940, T. 26, §329.)...
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40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a) The State
of Alabama shall have a lien for all taxes and interest thereon which are or may become due
hereunder on all property which a decedent dies seized or possessed of subject to taxes under
this chapter, in whatever form of investment it may happen to be, and all property acquired
in substitution therefor. (b) The personal representative of an estate may execute and record
in the county of last domicile of the decedent and wherever the decedent's probate estate
is pending, an affidavit certifying that the estate is not taxable or alternatively, an affidavit
certifying that the estate is taxable and that the proper copy of the federal estate tax return
has or will be filed with the department within the proper time limits as provided by law.
The affidavit shall begin by stating that it is being filed in accordance with this section.
The content of the affidavit shall include, but not be limited to,...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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10A-5A-8.02
Section 10A-5A-8.02 Death or disqualification of member. (a) In the case of a limited liability
company performing professional services, upon the death of a member, upon a member becoming
a disqualified person, or upon a transferable interest being transferred by operation of law
or court decree to a disqualified person, the transferable interest of the deceased member
or of the disqualified person may be transferred to a qualified person and, if not so transferred,
subject to Section 10A-5A-4.06, shall be purchased by the limited liability company as provided
in this section. (b) If the price of the transferable interest is not fixed by the limited
liability company agreement, the limited liability company, within six months after the death
or 30 days after the disqualification or transfer, as the case may be, shall make a written
offer to pay to the holder of the transferable interest a specified price deemed by the limited
liability company to be the fair value of the transferable...
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10A-8A-10.03
Section 10A-8A-10.03 Death or disqualification of partner. (a) In the case of a limited liability
partnership performing professional services, upon the death of a partner, upon a partner
becoming a disqualified person, or upon a transferable interest being transferred by operation
of law or court decree to a disqualified person, the transferable interest of the deceased
partner or of the disqualified person may be transferred to a qualified person and, if not
so transferred, subject to Section 10A-8A-4.09, shall be purchased by the limited liability
partnership as provided in this section. (b) If the price of the transferable interest is
not fixed by the partnership agreement, the limited liability partnership, within six months
after the death or 30 days after the disqualification or transfer, as the case may be, shall
make a written offer to pay to the holder of the transferable interest a specified price deemed
by the limited liability partnership to be the fair value of the...
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41-9-80.4
Section 41-9-80.4 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Notwithstanding any
other provision of law to the contrary, a victim of a crime may bring a civil action in a
court of competent jurisdiction to recover restitution or money damages, or both, from the
convicted individual who committed the crime or the individual's representative. (b) Notwithstanding
any other provision of law to the contrary, a judgment obtained pursuant to this section is
not subject to execution or enforcement against the first one thousand dollars ($1,000) deposited
into an inmate or prisoner account to the credit of an inmate. (c) In actions seeking relief
pursuant to subsection (a), the claim must not be considered as having accrued until: (1)
the actual discovery of the profits or funds; or (2) actual notice received from or published
by the Securities Commission of the discovery of the profits...
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