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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43-2-390
Section 43-2-390 Authorization to compromise or sell claims. The probate court having jurisdiction
of the estate may authorize any executor or administrator to compromise or sell any bad or
doubtful claim due the estate, on the written application of the executor or administrator,
verified by his affidavit, and stating the facts, supported by evidence satisfactory to the
court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote
the interests of the estate. (Code 1876, §2505; Code 1886, §2088; Code 1896, §138; Code
1907, §2602; Code 1923, §5827; Code 1940, T. 61, §223.)...
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43-2-41
Section 43-2-41 Form. Letters of administration may be substantially in the following form:
The State of Alabama, } ___ County.} Court of Probate. Letters of administration on the estate
of _____ (or letters of administration on the annexed will of _____, as the case may be) are
hereby granted to _____, who has duly qualified and given bond as such administrator, and
is authorized to administer such estate (or to execute such will, as the case may be). Witness
my hand and dated this _____day of _____, 19__. ___ Judge of Probate (Code 1852, §1688; Code
1867, §2008; Code 1876, §2370; Code 1886, §2015; Code 1896, §57; Code 1907, §2521; Code
1923, §5743; Code 1940, T. 61, §82.)...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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43-2-42
Section 43-2-42 Order of grant of administration. (a) Administration of an intestate's estate
must be granted to one of the persons herein named if the person is willing to accept and
satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin
entitled to share in the distribution of the estate. (3) The largest creditor of the estate
residing in this state. (4) Any other person as the judge of probate may appoint. (b) Notwithstanding
the provisions of subsection (a) of this section, in all counties having a population of 400,000
or more, according to the last or any subsequent federal census, or in any county having an
elected general or county administrator, administration of an intestate's estate must be granted
to some one of the persons hereinafter named, if willing to accept and satisfactory to serve,
in the following order: (1) The husband or widow. (2) The next of kin entitled to share in
the distribution of the estate. (3) The largest creditor of...
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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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43-2-660
Section 43-2-660 When presumption arises. When the administration of the estate of a deceased
person shall be pending in any court, and the records of such court shall show that letters
testamentary or letters of administration on such estate were issued and that 20 years or
more have elapsed since six months after such letters were issued, without further action
in said cause, or if any further action was taken in said cause, and 20 or more years have
elapsed since any such action, and if all bequests and legacies provided for in a will being
administered in such cause have been payable or demandable for more than 20 years, and if
the executor or administrator in such cause shall not for 20 or more years have made any payment
or partial payment or promise of payment of any claim against such estate or of any bequest,
devise or distributive share due from such estate, then it shall be conclusively presumed
that final settlement of said estate has been made by the executor or...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The
administration or conduct of any guardianship or conservatorship of a minor or incapacitated
person may be removed from the probate court to the circuit court, at any time before the
final settlement thereof by the guardian or conservator of any such guardianship or conservatorship
or guardian ad litem or next friend of such ward or anyone entitled to support out of the
estate of such ward without assigning any special equity, and an order of removal must be
made by the court or judge upon the filing of a sworn petition by any such guardian or conservator
or guardian ad litem or next friend for the ward or such person entitled to support out of
the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion
of the petitioner such guardianship or conservatorship can be better administered in the circuit
court than in the probate court. (Code 1923, §8102; Acts...
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43-2-230
Section 43-2-230 Applications for letters of administration. Whenever letters of administration
on the estate of any person presumed to be dead on account of absence for five or more years
from the place of his last domicile within this state shall be applied for, it shall be the
duty of the judge of probate to whom the application shall be made to accept and file the
same and to thereupon take the testimony with respect to whether the petitioner is entitled
to such letters; and, if the court is satisfied by the testimony that the applicant would
be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised
in a newspaper published in the county, once a week for four consecutive weeks, the fact of
said application, together with notice that on a day certain which shall be at least two weeks
after the last of said advertisements, the court will hear evidence concerning the alleged
absence of the supposed decedent, and the circumstances and duration...
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12-13-1
jurisdiction expressly makes the jurisdiction special or limited. (b) The probate court shall
have original and general jurisdiction over the following matters: (1) The probate of wills.
(2) The granting of letters testamentary and of administration and the repeal or revocation
of the same. (3) All controversies in relation to the right of executorship or of administration.
(4) The settlement of accounts of executors and administrators. (5) The sale and disposition
of the real and personal property belonging to and the distribution of intestate's
estates. (6) The appointment and removal of guardians for minors and persons of unsound mind.
(7) All controversies as to the right of guardianship and the settlement of guardians' accounts.
(8) The allotment of dower in land in the cases provided by law. (9) The partition of lands
within their counties. (10) The change of the name of any person residing in their county,
upon his filing a declaration in writing, signed by him,...
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