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43-2-199
Section 43-2-199 Service of process - Citations or notices, etc.; return of process. Citations
to make settlements and other citations or notices to such nonresident executors and administrators,
and all writs or legal process, including executions on decrees and judgments, may be served
by depositing a copy in a sealed envelope, postage prepaid, in a post office at or near the
court or office issuing such process, such envelope to be plainly addressed and directed to
such nonresident executor or administrator at the place and by the name furnished by him upon
the filing of his application for letters, or thereafter as provided in section 43-2-190 and,
when the sureties, or either of them, reside in the state, and their place of residence is
known, by the service of a copy of such writ or process upon one of such sureties. When service
is had by depositing a copy of the writ or process in the post office only and not accompanied
by service upon a surety, such service shall not take...
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43-2-333
Section 43-2-333 Payment of profits to share owners. The executor or administrator must pay,
at the end of each year, to the owner or owners of such share or shares a proportionate share
of the profits arising from such estate, and is entitled to a credit for same; but if it shall
appear, on a settlement of his accounts, that he has not paid the same, a decree therefor
in favor of the owner or owners must be rendered by the probate court. (Code 1867, §2265;
Code 1876, §2605; Code 1886, §2213; Code 1896, §281; Code 1907, §2746; Code 1923, §5985;
Code 1940, T. 61, §201.)...
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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument
properly executed and acknowledged by all legatees and distributees, may approve a consent
settlement without notice or publication or posting. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration granted in this
state and such administration in this state is ancillary to a primary administration in another
state, and proof is made that all legal charges against the estate in this state have been
paid in full and the balance of the assets of the estate in this state...
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6-9-121
Section 6-9-121 Death of levying officer prior to sale; proceedings if property not delivered
by representatives of deceased officer. (a) When the officer taking property under execution
shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the
proper officer of the county in which the property was taken, and such officer shall, under
the writ of venditioni exponas, receive the property from the representatives of the former
sheriff or other officer, who are required to deliver the same to the officer having the venditioni
exponas, on his producing the same and executing a receipt for the property, and the officer
shall proceed to sell the same as in other cases. (b) If the representatives of the deceased
officer shall refuse or neglect to deliver the property or if there shall not be an executor
or administrator of his estate, the officer having the writ of venditioni exponas may seize
the property taken by the former officer, wherever it may be...
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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any
fault or neglect on his part, such party may correct such error by filing a complaint in the
circuit court within two years after the final settlement thereof. The evidence filed in the
probate court in relation to such settlement must be received as evidence in the circuit court,
with such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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19-4-1
Section 19-4-1 Definitions. When used in this article, the following words and phrases shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) FIDUCIARY. An administrator, an administrator with the will annexed, an administrator
de bonis non, an executor, a trustee, a guardian, a conservator, an agent, a custodian or
a custodian or agent for another fiduciary or fiduciaries. (2) FIDUCIARY ACCOUNT. An estate,
a trust, a guardianship, a custodianship, an agency or any other fiduciary relationship, including
a custodianship or agency for another fiduciary or fiduciaries. (3) BANK. A bank or trust
company organized and existing under the laws of Alabama with authority to act as a fiduciary
and a national banking association with its principal office in the State of Alabama and with
authority to act as a fiduciary. (4) SECURITY. Any note; stock; treasury stock; bond; debenture;
evidence of indebtedness; certificate of interest or participation in...
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26-5-38
Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator
or personal representative on appointed day. If, on or before the day so appointed,
the conservator, or the personal representative of the conservator, if the account
is stated against such representative, appears and files his or her accounts and vouchers
for settlement and pays such costs as have accrued under the proceedings, the court must set
aside such proceedings and proceed to settlement in the manner prescribed by law on the accounts
and vouchers so filed. (Code 1886, §2475; Code 1896, §2360; Code 1907, §4450; Code 1923,
§8223; Code 1940, T. 21, §153; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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43-2-293
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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19-3-35
Section 19-3-35 Duty of trustee to render account. Within three months after the expiration
of the time allowed for the filing of objections to claims, the trustee must render, under
oath, to the register or clerk an account charging himself with all the moneys of the trust
estate which have come into his possession, or with which he is chargeable, and crediting
himself with all sums to which he is entitled as credits, and must file therewith the vouchers
on which he relies to sustain such credits. A similar account must be filed every six months
thereafter. (Code 1896, §4167; Code 1907, §6069; Code 1923, §10406; Code 1940, T. 58, §23.)...
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