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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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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
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43-2-332
Section 43-2-332 When distributed share kept and worked with undivided portion of estate. When
a share or shares of real or personal property of any decedent is or are set apart or distributed
to any widow, heir at law or distributee of such decedent, and it appears to the satisfaction
of the court that it is to the interest of the parties interested in the estate that such
share or shares should be kept and worked together with such estate remaining undivided, the
probate court, upon the application of the executor or administrator, and of the owner or
owners of such share or shares, may order the executor or administrator to keep such share
or shares, and work the same, together with the estate remaining undivided, for a term not
exceeding 10 years; but such order must not be granted, if in conflict with the will of the
testator. (Code 1867, §2264; Code 1876, §2604; Code 1886, §2212; Code 1896, §280; Code
1907, §2745; Code 1923, §5984; Code 1940, T. 61, §200.)...
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43-2-641
Section 43-2-641 Authorization to make distribution - Distribution by court after six months
from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution
out of the assets of the decedent, on the application of any person entitled to distribution,
after six months from the grant of letters. (b) The order of the court, made after six months
from the grant of letters on the application of any legatee or person entitled to distribution,
is a protection to the executor or administrator, to the extent of the amount or value of
the legacy or share ordered to be paid or distributed. (Code 1852, §§1778, 1789; Code 1867,
§§2105, 2116; Code 1876, §§2482, 2493; Code 1886, §§2199, 2209; Code 1896, §§267,
277; Code 1907, §§2725, 2735; Code 1923, §§5964, 5974; Acts 1931, No. 727, p. 841; Code
1940, T. 61, §§366, 376.)...
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8-6-71
Section 8-6-71 (Repealed effective January 1, 1997) Definitions. For the purposes of this article,
unless the context otherwise requires, the following terms shall have the meanings respectively
ascribed to them by this section: Assignment. Such term includes any written stock power,
bond power, bill of sale, deed, declaration of trust, or other instrument of transfer. Claim
of beneficial interest. Such term includes a claim of any interest by a decedent's legatee,
distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of
a security registered in the name of a nominee or a minor owner of a security registered in
the name of a custodian, or a claim of any similar interest whether the claim is asserted
by the claimant, a fiduciary, or by any other authorized person on his behalf and includes
a claim that the transfer would be in breach of fiduciary duties. Corporation. A private or
public corporation, association, or trust issuing a security. Fiduciary. An...
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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...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from 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...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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