43-2-131
Section 43-2-131 Limitation on actions against executor or administrator. No civil action must
be commenced against an executor or administrator, as such, until six months after the grant
of letters testamentary or of administration, unless the executor or administrator has given
notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code 1876,
§2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts 1931,
No. 725, p. 841; Code 1940, T. 61, §119.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-131.htm - 843 bytes - Match Info - Similar pages

43-2-151
Section 43-2-151 Enforcement of judgments, etc., of probate court against representatives -
Liability of sureties. When an execution against an executor or administrator, issued from
the probate court on any judgment, order or decree for money is returned to any regular term
of such court "no property" by the sheriff of the county, such judgment, order or
decree may be enforced against the executor or administrator and his sureties, by execution
or by process of garnishment, which may issue in like cases and manner as it may issue on
judgment in circuit courts and may, in like manner, be prosecuted to judgment against the
garnishee. (Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code
1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-151.htm - 1K - Match Info - Similar pages

43-2-701
Section 43-2-701 Report of insolvency - Generally. Whenever the executor or administrator of
any estate is satisfied that the property of the estate is insufficient to pay its debts,
he must file with the judge of probate of the court having jurisdiction of the estate a report
in writing that such estate is, to the best of his knowledge and belief, insolvent. (Code
1852, §1829; Code 1867, §2178; Code 1876, §2550; Code 1886, §2223; Code 1896, §291; Code
1907, §2756; Code 1923, §5995; Code 1940, T. 61, §382.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-701.htm - 854 bytes - Match Info - Similar pages

12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-48.htm - 1K - Match Info - Similar pages

43-2-253
Section 43-2-253 Enforcement of decree or judgment for recovery of property. When such decree
or judgment is for the recovery of real or personal property and the estate has no executor
or administrator, no writ of possession or other writ for the enforcement of such decree or
judgment shall issue thereon until there shall be some person duly authorized under the laws
of this state to receive the possession of such property, and then such writ shall issue in
favor of such person. (Code 1876, §2627; Code 1886, §2286; Code 1896, §355; Code 1907,
§2821; Code 1923, §6060; Code 1940, T. 61, §168.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-253.htm - 932 bytes - Match Info - Similar pages

43-2-559
Section 43-2-559 Other actions not barred. The proceedings for the settlement of the accounts
of deceased or outgoing executors or administrators provided for in this division do not prevent
any action by the remaining or succeeding executor or administrator, or by any other person
entitled thereto, against such executor or administrator or his personal representative for
any property remaining in his hands or for any other cause of action. (Code 1852, §1882;
Code 1867, §2238; Code 1876, §2596; Code 1886, §2182; Code 1896, §250; Code 1907, §2701;
Code 1923, §5934; Code 1940, T. 61, §329.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-559.htm - 938 bytes - Match Info - Similar pages

43-2-628
Section 43-2-628 Discharge of executor or administrator from liability. When the estate has
been fully administered and it is shown by the executor or administrator, by the production
of satisfactory vouchers, that he has paid all sums of money due from him and delivered up,
under the order of the court, all the property of the estate to the parties entitled and performed
all the acts lawfully required of him, the court must make a judgment or decree discharging
him from all liability as such executor or administrator. (Code 1923, §5962; Code 1940, T.
61, §362.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-628.htm - 881 bytes - Match Info - Similar pages

43-2-790
Section 43-2-790 Application for order for sale - Generally. On the application of an executor
or administrator of an estate which has been declared insolvent for an order for the sale
of lands belonging to the estate for the payment of debts, he shall be allowed to obtain such
order without taking any evidence to show the necessity of such sale. (Code 1886, §2258;
Code 1896, §326; Code 1907, §2790; Code 1923, §6029; Code 1940, T. 61, §416.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-790.htm - 772 bytes - Match Info - Similar pages

6-5-90
Section 6-5-90 Right of action against executor or administrator. Any person or his personal
representatives may commence an action against the executor or administrator of any testator
or intestate who in his lifetime has wasted, destroyed, taken, carried away, or converted
to his own use the goods or chattels of any such person or committed any trespass on the real
estate of such person. (Code 1923, §5710; Code 1940, T. 7, §137.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-90.htm - 746 bytes - Match Info - Similar pages

43-2-374
Section 43-2-374 When executor or administrator protected in payment of debts. The payment
of any debt against the estate of the executor or administrator, after six months from the
grant of letters, protects him to the extent of the payment from liability on any other debt
against such estate which had not been presented at the time of such payment. (Code 1852,
§1790; Code 1867, §2117; Code 1876, §2494; Code 1886, §2086; Code 1896, §136; Code 1907,
§2600; Code 1923, §5825; Acts 1931, No. 722, p. 839; Code 1940, T. 61, §221.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-374.htm - 874 bytes - Match Info - Similar pages