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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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6-6-185
Section 6-6-185 Complaint for discovery of assets - Orders or judgments; appointment of receiver.
If, from the answer, it appears that the defendant has property, real and personal, or an
interest in property, real or personal, subject to the payment of debts, or has money, effects,
or choses in action or an interest in moneys, effects, or choses in action subject to the
payment of debts, whether such property, money, effects, or choses in action are within or
without the state, the court must make all such orders or judgments as may be necessary and
proper to reach and subject such property, moneys, effects, or choses in action and, for that
purpose, may appoint a receiver with authority to demand, commence an action for and recover
or otherwise to reduce to possession such property, moneys, effects, or choses in action and
may require the debtor to make to such receiver all conveyances, assignments, or transfers
which may be necessary and proper to enable him to receive or to...
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7-9A-521
Section 7-9A-521 Uniform form of written financing statement and amendment. (a) Initial financing
statement form. A filing office that accepts written records may not refuse to accept a written
initial financing statement in the following form and format except for a reason set forth
in Section 7-9A-516(b): UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF
CONTACT AT FILER (optional) ___ B. E-MAIL CONTACT AT FILER (optional) ___ C. SEND ACKNOWLEDGMENT
TO: (Name and Address) ___ THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S NAME:
Provide only one Debtor name (1a or 1b) (use exact, full name; do not omit, modify, or abbreviate
any part of the Debtor's name); if any part of the Individual Debtor's name will not fit in
line 1b, leave all of item 1 blank, check here [ ] and provide the Individual Debtor information
in item 10 of the Financing Statement Addendum (Form UCC1Ad) 1a....
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25-6-3
Section 25-6-3 Maintenance of action by personal representative; disposition of damages recovered.
If such injury results in the death of the servant or employee, his personal representative
is entitled to maintain an action therefor in a court of competent jurisdiction, and the damages
recovered are not subject to the payment of debts or liabilities but shall be distributed
according to the statute of descent and distributions. (Code 1886, §2591; Code 1896, §1751;
Code 1907, §3912; Acts 1911, No. 454, p. 483; Code 1923, §7600; Code 1940, T. 26, §328.)...
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8-13-23
Section 8-13-23 Chapter not applicable to certain sales. In the following cases the provisions
of this chapter shall not apply: (1) Sales for the estate of a decedent by the personal representative,
or his agent, according to law or by the provisions of the will. (2) Sales of property conveyed
by deed of trust, mortgage, or judgment or ordered to be sold according to the mortgage, judgment,
or order. (3) Sales of all agricultural produce and livestock arising from the labor of the
seller or other labor under his control on or belonging to his real or personal estate and
not purchased or sold for speculation. (4) All sales under legal process. (5) Sales by a licensed
pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels
as provided by law. (6) Sales made within the incorporated limits or police jurisdiction of
any municipality of the State of Alabama under a license granted by such municipality pursuant
to the provisions of a valid ordinance of...
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40-1-4
Section 40-1-4 Lien for taxes - Preferred claim. When a taxpayer makes a general assignment
of his property for the payment of his debts or is declared a bankrupt, or when dead and his
estate is or becomes insolvent, any unpaid taxes assessed against him or against his estate
shall be a preferred claim and shall be paid by the assignee, trustee, or personal representative
out of the first money received by him belonging to the trust or estate. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §885.)...
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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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43-2-410
Section 43-2-410 Power of sale conferred. Any part of the personal property of a decedent,
including land warrants and choses in action, may be sold only by order of the court, on the
written application of the executor or administrator, verified by affidavit, in the following
cases, unless, in such cases, power to sell is conferred by the will: (1) For the payment
of debts. (2) To make distribution among the distributees or legatees. (3) To prevent the
waste or destruction of property liable to waste, or of a perishable nature, if it is proved
that the sale would be beneficial to the estate. (Code 1852, §1743; Code 1867, §2067; Code
1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code
1940, T. 61, §228.)...
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6-10-99
Section 6-10-99 Payment by devisees to clear property of homestead right. Where a homestead
right exists in property devised by will, the person or persons to whom said property is devised
may clear the said property of such homestead right by paying to the personal representative,
in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal
representative in all respects as provided in Section 6-10-96 where land incapable of allotment
is ordered to be sold. Said personal representative shall report the payment of said funds
and how he has disposed of same to the probate court having jurisdiction of said estate, which
report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951,
No. 911, p. 1558, §1.)...
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23-1-175
Section 23-1-175 Powers. The corporation shall have the following powers: (1) To have succession
by its corporate name without time limit; (2) To maintain actions and have actions maintained
against it and to prosecute and defend in any court having jurisdiction of the subject matter
and of the parties; (3) To have and to use a corporate seal and to alter the same at pleasure;
(4) To construct, reconstruct and relocate, or to cause to be constructed, reconstructed and
relocated, public roads and bridges, including work incidental or related thereto in the State
of Alabama; (5) To receive, take and hold by sale, gift, lease, devise or otherwise real and
personal estate of every description and to manage the same; (6) To acquire by purchase, gift
or the exercise of the power of eminent domain or any other lawful means and to convey, or
cause to be conveyed, to the State of Alabama any real, personal or mixed property necessary
or convenient in connection with the construction of public...
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