43-2-29
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
(a) If, after letters of administration have been granted as in case of intestacy, any will
is proved and the executor therein named appears, claims letters testamentary and complies
with the requisition of the law, the probate court having jurisdiction must revoke the letters
of administration and grant letters testamentary to such executor. (b) If, in the case provided
for by subsection (a), the sole executor or some of the executors, within five days after
the proof of such will, do not appear and take out letters testamentary thereon, a copy of
the will must be annexed to the letters of administration and must be executed by the administrator.
(Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886
§§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740;
Code 1940, T. 61, §§78, 79.)...
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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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43-2-131
Section 43-2-131 Limitation on actions against executor or administrator. No civil action must
be commenced against an executor or administrator, as such, until six months after the grant
of letters testamentary or of administration, unless the executor or administrator has given
notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code 1876,
§2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts 1931,
No. 725, p. 841; Code 1940, T. 61, §119.)...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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43-2-192
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters
testamentary; bond and surety. When the will has been probated in another state or territory,
before issuing letters testamentary thereon to a nonresident executor, the judge of probate
must require him to file in court a copy of the will under which he is appointed, together
with a certificate of the judge of the court in which the will was probated, that such will
was regularly proved and established and that letters testamentary were issued to him thereon,
in accordance with the laws of the state or territory in which such original letters were
granted, and also to give bond and surety upon the same terms, conditions and requirements
as are required by law of citizens of this state. But if it shall appear from the will that
the testator, by an express provision therein, has exempted the applicant from giving bond
as executor, such bond must not be required, except in the cases specified in...
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43-2-212
Section 43-2-212 Action not affected by grant of letters of administration in state; right
of intervention. No civil action brought by any foreign executor or administrator, under the
provisions of section 43-2-211, must be abated, barred or affected by the grant of letters
of administration in this state, either prior or subsequent to the institution of such action;
but, in such case, the administrator appointed in this state may, if necessary for the protection
of creditors, distributees, or legatees, resident in this state, intervene in such action
and shall be entitled to the recovery therein. (Code 1867, §2293; Code 1876, §2637; Code
1886, §2291; Code 1896, §360; Code 1907, §2826; Code 1923, §6065; Code 1940, T. 61, §152.)...

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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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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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