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.)...
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12-22-21
After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting
any item or matter thereof, or any previous settlement or item, or matter thereof, within
42 days thereafter; (6) Upon any issue as to the insolvency of an estate and upon any issue
as to an allowance of any claim against insolvent estates, in which cases the appeal must
be taken within 42 days after the determination of such issue; and (7) On an application for
a division or partition of real or personal property, in which case the appeal must
be taken within 42 days, and the decree, judgment or order may be stayed upon the execution,
within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition
to be prescribed by the probate judge, such stay of execution to continue until the appeal
is decided. (Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code
1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)...
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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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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...
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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...
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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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43-2-771
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.)...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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19-3D-2
Section 19-3D-2 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. DEFINITIONS. In this
chapter the following terms have the following meanings: (1) APPOINTIVE PROPERTY. The property
or property interest subject to a power of appointment. (2) ASCERTAINABLE STANDARD. A standard
relating to an individual's health, education, support, or maintenance within the meaning
of 26 U.S.C. Section 2041(b)(1)(A), as amended, or 26 U.S.C. Section 2514(c)(1), as amended,
and any applicable regulations. (3) AUTHORIZED FIDUCIARY. (A) A trustee or other fiduciary,
other than a settlor, that has the discretion to distribute or direct a trustee to distribute
part or all of the principal of the first trust to one or more current beneficiaries; (B)
a special fiduciary appointed under Section 19-3D-9; or (C) a special-needs fiduciary under
Section 19-3D-13. (4) BENEFICIARY. A person that: (A) has a present or...
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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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