43-2-372
Section 43-2-372 No preference among debts of same class. No executor or administrator must,
before the expiration of six months from the grant of letters, give a preference in the payment
of any debt over others of the same class; nor is a debt due and payable entitled to any preference
over debts of the same class which are not due. (Code 1852, §1742; Code 1867, §2065; Code
1876, §2431; Code 1886, §2080; Code 1896, §127; Code 1907, §2598; Code 1923, §5823; Code
1940, T. 61, §219.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-372.htm - 830 bytes - Match Info - Similar pages

43-2-641
Section 43-2-641 Authorization to make distribution - Distribution by court after six months
from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution
out of the assets of the decedent, on the application of any person entitled to distribution,
after six months from the grant of letters. (b) The order of the court, made after six months
from the grant of letters on the application of any legatee or person entitled to distribution,
is a protection to the executor or administrator, to the extent of the amount or value of
the legacy or share ordered to be paid or distributed. (Code 1852, §§1778, 1789; Code 1867,
§§2105, 2116; Code 1876, §§2482, 2493; Code 1886, §§2199, 2209; Code 1896, §§267,
277; Code 1907, §§2725, 2735; Code 1923, §§5964, 5974; Acts 1931, No. 727, p. 841; Code
1940, T. 61, §§366, 376.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-641.htm - 1K - Match Info - Similar pages

12-13-3
Section 12-13-3 When courts deemed open for granting of letters testamentary, etc., and making
of orders grantable as matter of course; limitation period for setting aside or amendment
of orders or decrees and reopening of cases. The probate court shall at all times be considered
as open, except on Saturdays, Sundays and holidays, with authority to do all things needful
in relation to granting letters testamentary or of administration or guardianship and all
matters pertaining thereto and making all other necessary orders which are grantable as a
matter of course. In all cases, any order or decree may be set aside or amended and the case
reopened within 30 days after the rendition thereof by the judge of the court in which said
decree was rendered or said order was made. (Code 1852, §673; Code 1867, §795; Code 1876,
§701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts 1932,
Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-3.htm - 1K - Match Info - Similar pages

43-2-375
Section 43-2-375 Payment of debts not due. Any debt not due, which has been presented, may
be paid by an executor or administrator after six months from the grant of letters, and the
provisions of section 43-2-374 include such debts; but such payment must not be made unless
the creditor accepts, in discharge of such debt, such an amount as, with interest from the
day of payment to the day when such debt is due, would make the amount thereof. (Code 1852,
§1791; Code 1867, §2118; Code 1876, §2495; Code 1886, §2087; Code 1896, §137; Code 1907,
§2601; Code 1923, §5826; Acts 1931, No. 717, p. 837; Code 1940, T. 61, §222.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-375.htm - 967 bytes - Match Info - Similar pages

43-2-352
Section 43-2-352 Verification of claims. The presentation must be made by filing a verified
claim, or a verified statement thereof, in the office of the judge of probate in which letters
are granted, and the same must be docketed with a note of the date of such presentation; and,
if required, a statement must be given by such judge, showing the date of presentation. Every
such claim or statement thereof so presented must be verified by the oath of the claimant
or some person having knowledge of the correctness thereof, and that the amount claimed is
justly due, or to become due, after allowing all proper credits. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. All claims not presented within
six months from the granting of letters testamentary or letters of administration shall be
forever barred, and the payment or allowance thereof is prohibited. But this section shall
not apply to claims of executors or administrators to compensation for their...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-352.htm - 1K - Match Info - Similar pages

43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-293.htm - 997 bytes - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-553.htm - 1K - Match Info - Similar pages

43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing
of petition under Section 43-2-692. (a) The personal representative, or person filing to initiate
a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article,
shall give notice of his or her appointment, or the filing of a petition in accordance with
Section 43-2-692, to the Medicaid Agency. The notice shall include all of the following information:
(1) The full legal name of the deceased. (2) The date of birth of the deceased. (3) The date
of death of the deceased. (4) The Social Security number of the deceased. (5) The marital
status of the deceased at the time of death. (6) The name, address, and phone number of the
spouse of the deceased, if applicable. (7) The court in which a probate estate has been opened.
(8) The probate case number. (9) The date on which letters testamentary or letters of administration
were issued by the probate court. (10) The name,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-697.htm - 5K - Match Info - Similar pages

43-2-531
Section 43-2-531 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue a citation to such executor or administrator
to appear on a day therein named and file his accounts and vouchers for settlement or that
the account so stated will be passed, which must be served on him at least 10 days before
the day named therein; and must also give notice of such settlement by publication, as in
case of settlements voluntarily made by executors and administrators; and, if on the day named
such executor or administrator fails to appear and file his accounts and vouchers for settlement,
as required by law, the court must proceed to examine the account so stated and audit and,
if necessary, restate the same. (Code 1852, §§1818, 1819; Code 1867, §§2154, 2155; Code
1876, §§2525, 2526; Code 1886, §2156; Code 1896, §224; Code 1907, §2687; Code 1923, §5920;
Code 1940, T. 61, §317.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-531.htm - 1K - Match Info - Similar pages

43-2-556
Section 43-2-556 Issuance of citation; notice; when court required to examine, audit or restate
account. After stating such account, the court must issue citation to such executor or administrator
or, if dead, to his personal representative or, in case of his removal from the state, to
his sureties to appear on a day therein named and to file his account and vouchers for settlement,
or that the account so stated will be passed, which must be served on him, or, if dead, on
his personal representative or, in case of his removal from the state, his sureties at least
10 days before the day named therein; and must also give notice of such settlement by publication,
as in case of final settlements voluntarily made by executors or administrators; and if, on
the day named, such executor or administrator or, if dead, his personal representative or,
in case of his removal from the state, his sureties fail to appear and file his accounts and
vouchers for settlement, as required by law, the court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-556.htm - 1K - Match Info - Similar pages