26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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42-2-3
if he resides without the state or has been absent from the state or beyond the jurisdiction
of the court in which the application is made for six months next before the time of the filing
of the application in said court, notice may be given by advertisement in any newspaper published
in the county or, if there be no newspaper published in the county, by posting notice at the
courthouse and three other public places for at least three weeks before the day appointed
for the hearing. If the owner is an infant or of unsound mind, notice must be served on his
guardian, if any he have, resident in the state, but if he resides in the state and has no
such guardian, then the person who may have him in charge or with whom he may reside. If the
owner is dead and the lands are in the possession or under the control of his personal
representative, notice must be served on such representative and on the heirs at law of the
decedent. (Code 1907, §2416; Code 1923, §3150; Code 1940, T. 59, §6.)...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative.
The personal representative of a deceased person, by appointment of a court having
jurisdiction in any state other than the state of Alabama, may receive and collect any indebtedness
or bank deposit owing to the deceased by any person who is a resident of Alabama, and such
personal representative may execute a release, discharge and satisfaction of such indebtedness.
Such personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but
no such collection shall be made until the lapse of 60 days from the date of the death of
the deceased, and no such collection shall be made if proceedings are pending for the...
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43-2-562
Section 43-2-562 Settlement by sureties of deceased executor or administrator - Petition for
order requiring sureties to make settlement. In any case where an executor or administrator
shall die without having made a final settlement of his administration and a successor is
appointed, such succeeding executor or administrator or the heirs and distributees, legatees
or cestui que trust may, by petition to the court in which such estate is pending, have an
order requiring the sureties on such bond to make settlement of such estate in said court
after 10 days' notice of the day fixed by the court or judge thereof. (Acts 1915, No. 98,
p. 138; Code 1923, §5937; Code 1940, T. 61, §332.)...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against the estate
of a decedent, held by the personal representative of the decedent or by an assignee
or transferee of the personal representative, or in which the personal representative
has an interest, whether due or to become due, must be presented within six months after the
grant of letters, or within five months from the date of the first publication of notice,
whichever is the later to occur, provided however, that any creditor entitled to actual notice
as prescribed in section 43-2-61 must be allowed thirty days after notice within which to
present the claim, by filing the claims, or statement thereof, verified by affidavit, in the
office of the judge of probate, in all respects as provided by section 43-2-352. All claims
not so presented and filed are forever barred, and the payment or allowance thereof is prohibited.
But this subsection shall not apply to claims of personal representatives to...
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43-2-555
Section 43-2-555 Stating account or compelling settlement by attachment. If such outgoing executor
or administrator or, if dead, his personal representative or, in case of his removal
from the state, his sureties fail to make settlement within the time required by this division,
the court may, of its own motion or on the application of any party in interest, compel him
or his sureties to do so by attachment, or may state the account against him or his sureties
from the materials on file or such other information as may be accessible to the court, charging
him or his personal representative or his sureties with such assets as may have come
into the hands of such executor or administrator. (Code 1852, §1881; Code 1867, §2234; Code
1876, §2592; Code 1886, §2178; Code 1896, §246; Code 1907, §2697; Acts 1923, No. 492,
p. 655; Code 1923, §5930; Code 1940, T. 61, §325.)...
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43-2-627
Section 43-2-627 Setting off indebtedness of distributee or legatee. (a) If, on final settlement,
any distributee or legatee owes the estate any debt, contracted with the decedent in his lifetime
or with the executor or administrator in his representative capacity, the court shall allow
the same in favor of the executor or administrator, as a setoff against the distributive share
of such distributee or legatee and shall decree satisfaction of his distributive share to
the extent of such debt or demand; but the distributee or legatee may make any defense to
the setoff that would be available to him in a direct proceeding for the recovery of the debt.
(b) In no case shall a decree be rendered in favor of the executor or administrator against
such distributee or legatee for the excess, when the debt is greater in amount than the distributive
share; nor shall the executor or administrator be prevented from prosecuting a civil action
in the proper court for any excess that may be due him...
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45-44-84.21
Section 45-44-84.21 Schedule of fees. (a) In Macon County the judge of probate, in lieu of
the fees prescribed by the general law for the following services, shall charge and collect
for such services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar fifty cents ($1.50) per page for
will over five pages in length and for partial or final settlements in excess of 10 pages
in length shall be made $50 (2) Grant of letters of administration with three certified copies
of letters of administration $30 (3) Final settlement of administration of an estate when
not more than 10 pages when over 10 pages an additional charge of $1.50 per page $30 (4) Partial
or final settlement of guardianship $30 (5) Each additional certified copy of letters testamentary,
letters of administration, or letters of guardianship $ 2 (6)...
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43-2-551
Section 43-2-551 Making succeeding executor or administrator party to settlement. The remaining
or succeeding executor or administrator of the estate of the decedent, if there be one, must
be made a party to such settlement and, if a resident of this state, must have personal
notice of the time of making the same served on him at least 10 days before the day appointed
therefor. (Code 1867, §2166; Code 1876, §2538; Code 1886, §2174; Code 1896, §242; Code
1907, §2693; Code 1923, §5926; Code 1940, T. 61, §321.)...
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