43-2-171
Section 43-2-171 Time delay for committing administration of estate. The administration of
an estate must not be committed to the general administrator or to the sheriff, except as
special administrator, until the death of the decedent has been known 40 days, nor until one
month after the death, resignation or removal of an executor or administrator previously appointed.
(Code 1852, §1682; Code 1867, §2002; Code 1876, §2364; Code 1886, §2030; Code 1896, §73;
Code 1907, §2539; Code 1923, §5761; Code 1940, T. 61, §138.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-171.htm - 866 bytes - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-48.htm - 1K - Match Info - Similar pages

43-2-517
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the
probate court to make partial or final settlements or distributions of the estates of decedents
is not affected by the fact that the executor or administrator making the settlement is also
guardian of any heir or distributee, devisee or legatee of the decedent; but in such case
the court must appoint a special guardian, without bond, to represent such heir or distributee,
devisee or legatee on the settlement and distribution; and, upon final settlement, any decree
to which such ward may be entitled must be rendered against the executor or administrator
in the name of the special guardian for the use of the ward; and thereafter the executor or
administrator, in the capacity of guardian, shall be accountable for such decree. The special
guardian shall be entitled to reasonable compensation for his services and for the services
of counsel properly employed to be allowed by the court and to be paid...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-517.htm - 1K - Match Info - Similar pages

43-2-552
Section 43-2-552 Decree for balance - Generally. If there remains any act of administration
to be done, other than making settlement and distribution or payment of legacies, and there
is a remaining or succeeding executor or administrator, a decree must be rendered in his favor
for the amount found due on such settlement, and for the delivery of any personal property
in the hands of the executor or administrator whose authority has ceased or, if dead, of his
personal representative; but if more than six months have elapsed from the original grant
of letters and there remains no other act of administration to be done than making distribution
or payment of legacies, and the estate is solvent, the court must at once proceed to decree
distribution or payment of legacies directly to those entitled; or, if in the case last mentioned,
there are money assets in the hands of the outgoing executor or administrator, or, if dead,
of his personal representative, in excess of a sum sufficient for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-552.htm - 1K - Match Info - Similar pages

43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-510.htm - 1K - Match Info - Similar pages

43-2-771
Section 43-2-771 Decree. At such settlement, the court must decree to each creditor whose claim
has been allowed, as provided in this article, his proportion of all moneys then found due
from such executor or administrator, reserving in his hands a ratable proportion of such moneys
for such claims as may be then contested and undecided; and a similar settlement and distribution
must be made at least every six months thereafter, at such times as the court may appoint,
until the estate is finally settled and distributed. (Code 1852, §1857; Code 1867, §2206;
Code 1876, §2578; Code 1886, §2248; Code 1896, §316; Code 1907, §2789; Code 1923, §6028;
Code 1940, T. 61, §415.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-771.htm - 1018 bytes - Match Info - Similar pages

43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-620.htm - 962 bytes - Match Info - Similar pages

26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-147.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-47.htm - 1K - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-660.htm - 1K - Match Info - Similar pages