43-2-173
Section 43-2-173 Resignation and removal - Generally. (a) The general administrator may be
removed for the same causes as other administrators. Such removal may be made by the judge
of probate without notice, but the grounds thereof must be entered on the minutes of the court.
(b) The resignation of the office of general administrator shall not operate to discharge
the incumbent from the administration of any estate previously committed to his charge as
such general administrator; but he may proceed, notwithstanding such resignation, to administer
and finally settle the same, as if he had not resigned such office; and the sureties on his
bond as general administrator shall be liable for every act of maladministration on such estate
committed after his resignation, to the same extent as if he had not resigned; but he may
be removed from the administration of such estate for any of the causes prescribed by law,
or he may resign his administration thereon by leave of the probate court of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-173.htm - 1K - Match Info - Similar pages

43-2-440
Section 43-2-440 Renting of lands. The executor or administrator may rent the decedent's lands
at public outcry, or, when the interest of the estate requires it, privately; and such rent
is assets; but when lands are rented privately, he must report such renting to the probate
court of the proper county within 30 days thereafter. (Code 1852, §1751; Code 1867, §2076;
Code 1876, §2446; Code 1886, §2102; Code 1896, §154; Code 1907, §2618; Code 1923, §5846;
Code 1940, T. 61, §242.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-440.htm - 825 bytes - Match Info - Similar pages

43-2-502
Section 43-2-502 Filing of account, etc. - Generally. In making settlements of an administration,
the executor or administrator must proceed as follows: He must make out an account between
himself and the estate he represents, charging himself with all the assets of the deceased
which have come into his possession, except the lands, and crediting himself with all the
credits he is by law entitled to; which account, verified by his oath, must be filed with
the judge of probate of the court having jurisdiction. With such account he must also file
written evidence in his possession, on which he relies to sustain the credit side of such
account, which may consist of an affidavit or any other legal evidence, in the discretion
of the executor or administrator. He must, at the same time, file a statement, on oath, of
the names of the heirs and legatees of such estate, specifying particularly which are under
the age of 19 years; and, if any of them are persons of unsound mind, it must be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-502.htm - 2K - Match Info - Similar pages

43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-706.htm - 896 bytes - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-332.htm - 1K - Match Info - Similar pages

43-2-450
Section 43-2-450 Order of sale for payment of debts. On the hearing of such application, and
when the application is by an executor or administrator with the will annexed, that no power
is given by the will for that purpose, the court may direct the sale of all, or such portion
of the real estate as may be necessary to pay the debts; and such sale may be had on such
credit as the court may direct, not exceeding two years. (Code 1852, §1760; Code 1867, §2086;
Code 1876, §2456; Code 1886, §2112; Code 1896, §165; Code 1907, §2629; Code 1923, §5858;
Code 1940, T. 61, §253; Acts 1984, No. 84-258, p. 426, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-450.htm - 959 bytes - 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

40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a)
The State of Alabama shall have a lien for all taxes and interest thereon which are or may
become due hereunder on all property which a decedent dies seized or possessed of subject
to taxes under this chapter, in whatever form of investment it may happen to be, and all property
acquired in substitution therefor. (b) The personal representative of an estate may
execute and record in the county of last domicile of the decedent and wherever the decedent's
probate estate is pending, an affidavit certifying that the estate is not taxable or alternatively,
an affidavit certifying that the estate is taxable and that the proper copy of the federal
estate tax return has or will be filed with the department within the proper time limits as
provided by law. The affidavit shall begin by stating that it is being filed in accordance
with this section. The content of the affidavit shall include, but not be limited to,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-13.htm - 1K - Match Info - Similar pages

43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-338.htm - 1K - Match Info - Similar pages

43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-391.htm - 1K - Match Info - Similar pages