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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice of
the appointment, stating the name of the deceased, the day on which letters were granted,
by what court, stating the county and notifying all persons having claims against the estate
to present the same within the time allowed by law or that the same will be barred. The notice
of appointment, (1) For actual notice as required in section 43-2-61(1), must be given as
soon as practicable after a creditor's identification is known; and (2) For publication notice
as required in section 43-2-61(2), must be given within thirty days from grant of letters.
(Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122;
Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618,
§1.)...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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...
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43-2-852
Section 43-2-852 Terms and requirements of bonds. (a) The following requirements and provisions
apply to any bond required under Section 43-2-850: (1) Sureties are jointly and severally
liable with the personal representative and with each other. (2) By executing an approved
bond of a personal representative, the surety consents to the jurisdiction of the court that
issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties
of the personal representative and naming the surety as a party respondent. Notice of any
proceeding must be delivered to the surety or mailed by registered or certified mail to the
address listed with the court at the place where the bond is filed and to the address as then
known to the petitioner. (3) On petition of a successor personal representative or any interested
person, a proceeding may be initiated against a surety for breach of the obligation of the
bond of the personal representative. (4) The bond of the personal...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...
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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...
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26-5-36
Section 26-5-36 Statement of account by court upon failure of conservator or personal representative
to file accounts and vouchers after notice. If a conservator, after notice, fails to file
his or her accounts and vouchers for a final or partial settlement or if the personal representative
of a conservator, after notice, fails to file the accounts and vouchers of his or her testator
or intestate for final settlement, the court of probate has authority to state an account
against the conservator or against his or her personal representative from the materials on
file or of record in the court and from such evidence as may be adduced, charging such conservator
with all wherewith he or she is by law chargeable and crediting him or her with all wherewith
by law he or she ought to be credited. (Code 1886, §2473; Code 1896, §2358; Code 1907, §4448;
Code 1923, §8221; Code 1940, T. 21, §151; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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,...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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