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40-15-1
Section 40-15-1 Meaning of "executor," "administrator" or "legal representative".
The terms "executor," "administrator" and "legal representative,"
used interchangeably in this chapter, shall be held to mean the executor or administrator
or trustee or legal representative of the decedent whose estate is subject to an estate tax
under this title. In the event no executor or administrator is appointed and qualified, then
the term "executor" as used herein shall be held to mean any person in actual or
constructive possession and acting for any estate subject to tax under this chapter. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §433.)...
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43-2-318
Section 43-2-318 Exhibit showing condition of estate. Six months after his appointment, and
at any time thereafter when required by the court, either upon its own motion or upon the
application of any person interested in the estate, the executor or administrator must render,
for the information of the court, an exhibit under oath, showing the amount of all claims
presented against the estate, and the names of the claimants, and all other matters necessary
to show the condition of its affairs. (Code 1923, §5810; Code 1940, T. 61, §197.)...
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43-2-331
Section 43-2-331 Extension of time upon showing of good cause. Whenever any executor or administrator
has kept an estate together, under the order of the probate court, for 10 years, the time
may be extended annually, upon application and good cause shown, if the court is of the opinion
that the interest of such estate demands such extension. (Code 1867, §4431; Code 1876, §2603;
Code 1886, §2211; Code 1896, §279; Code 1907, §2744; Code 1923, §5983; Code 1940, T. 61,
§199.)...
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43-2-444
Section 43-2-444 Application for sale. The application for the sale of lands, either for payment
of debts or for division, must be made by the executor or administrator in writing, verified
by affidavit, to the probate court having jurisdiction of the estate, must describe the lands
accurately, must give the names of the heirs or devisees, and their places of residence and
must also state whether any, and which of such heirs or devisees, are under the age of 19
years or of unsound mind; and such application may be contested by any party interested in
the estate. (Code 1852, §§1759, 1868; Code 1867, §§2085, 2222; Code 1876, §§2450, 2453;
Code 1886, §2106; Code 1896, §158; Code 1907, §2622; Code 1923, §5851; Code 1940, T. 61,
§246.)...
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43-2-626
Section 43-2-626 Division, sale or assignment of judgments or claims. (a) Any judgments or
claims in favor of the estate, which are not collected at the time of final distribution,
may be divided among the persons entitled, on final distribution; or, if such division cannot
be equitably made, may be sold as other personal property. (b) The executor or administrator
must assign any such judgment or claim to the distributee, legatee or purchaser, as the case
may be; and such person is entitled to collect the same by civil action or otherwise. (Code
1852, §§1799, 1800; Code 1867, §§2126, 2127; Code 1876, §§2503, 2504; Code 1886, §§2169,
2170; Code 1896, §§237, 238; Code 1907, §§2720, 2721; Code 1923, §§5958, 5959; Code
1940, T. 61, §§358, 359.)...
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43-2-691
Section 43-2-691 Definitions. For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The persons
who are entitled to the personal property of a decedent under the terms of a testamentary
disposition. (2) DISTRIBUTEES. The persons who are entitled to the personal property
of a decedent under the terms of a testamentary disposition or under the Alabama descent and
distribution statutes. (3) ESTATE. All the personal property of a decedent who owns
no real property at the time of his or her death for which title does not pass by operation
of law. (4) HEIRS. The persons who are entitled to the personal property of a decedent
under the Alabama descent and distribution statutes. (5) PERSON. The term includes natural
persons and corporations. (6) PERSONAL REPRESENTATIVE. The term includes an executor,
administrator, administrator with the will annexed, and special administrator. (Acts 1975,
3rd Ex....
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6-5-253
Section 6-5-253 Payment or tender of purchase money and other lawful charges, with interest.
(a) Anyone entitled and desiring to redeem real estate under the provisions of this article
must also pay or tender to the purchaser or his or her transferee the purchase price paid
at the sale, with interest at the rate allowed to be charged on money judgments as set forth
in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges,
also with interest as aforesaid; lawful charges are the following: (1) Permanent improvements
as prescribed herein. (2) Taxes paid or assessed. (3) All insurance premiums paid or owed
by the purchaser. (4) Any other valid lien or encumbrance paid or owned by such purchaser
or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee
or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens
having a higher priority in existence at the time of sale which are revived...
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11-88-85
Section 11-88-85 Redemption of property after sale - Authorization and procedure generally.
Any real property sold for the satisfaction of an assessment lien imposed thereon by the board
may be redeemed by the former owner or his assigns or other person authorized to redeem property
sold for taxes by the State of Alabama, within two years from the date of such sale, by paying
to the purchaser at such sale or to any person deriving title under such purchaser or to the
treasurer of the authority for such purchaser or person deriving title under such purchaser
the amount of the purchase price for which the property was sold at such sale plus an amount
equal to interest on such purchase price from the date of such sale to the date of redemption
at the rate of eight percent per annum plus a fee of $2.00 to cover the expense of a conveyance.
If the redemption is made from the authority, the payment may be made upon such terms, including
installment payments, as the board may approve. (Acts...
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12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
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35-10-1
Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance;
index of foreclosure deeds. Where a power to sell lands is given to the grantee in any mortgage,
or other conveyance intended to secure the payment of money, the power is part of the security,
and may be executed by any person, or the personal representative of any person who,
by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of
the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee,
any assignee or other person entitled to the money thus secured, his agent or attorney, or
the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges
shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage,
and also by the names of the grantor and grantee in the foreclosure deeds. (Code 1852, §1319;
Code 1967, §1589; Code 1876, §2198; Code 1886,...
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