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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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43-8-90
Section 43-8-90 Omitted spouse. (a) If a testator fails to provide by will for his surviving
spouse who married the testator after the execution of the will, the omitted spouse shall
receive the same share of the estate he would have received if the decedent left no will unless
it appears from the will that the omission was intentional or the testator provided for the
spouse by transfer outside the will and the intent that the transfer be in lieu of a testamentary
provision be reasonably proven. (b) In satisfying a share provided by this section, the devises
made by the will abate as provided in section 43-8-76. (Acts 1982, No. 82-399, §2-301.)...
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45-37-123.108
Section 45-37-123.108 Direct rollovers. Except as otherwise specifically provided in this section,
this section shall be effective as of January 1, 1993. (1) ROLLOVERS GENERALLY. a. Notwithstanding
any provision of the plan to the contrary that would otherwise limit a distributee's election
under this section, a distributee, at the time and in the manner prescribed by the pension
board, may elect to have any portion of an eligible rollover distribution that is equal to
at least two hundred dollars ($200) paid directly to an eligible retirement plan specified
by the distributee in a direct rollover. b. For purposes of this subdivision, the following
definitions shall apply: 1.(i) An eligible rollover distribution is any distribution of all
or any portion of the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: Any distribution that is one of a series of substantially equal
periodic payments, not less frequently than annually, made...
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45-37A-51.248
Section 45-37A-51.248 Direct rollovers. (a) Notwithstanding any provision of this subpart to
the contrary that would otherwise limit a distributee's election under this section, a distributee
may elect, at the time and in the manner prescribed by the board, to have any portion of an
eligible rollover distribution that is equal to at least five hundred dollars ($500) paid
directly to an eligible retirement plan specified by the distributee in a direct rollover.
(b) For purposes of this section the following definitions shall apply: (1) ELIGIBLE ROLLOVER
DISTRIBUTION. Any distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: Any distribution that is one
of a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
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45-45-171.01
Section 45-45-171.01 Cremation of deceased indigent person. (a)(1) The Madison County Commission
may provide for expenses of cremation of any deceased indigent person, if the deceased was
a resident of the county prior to his or her death, died without an estate, and has no relatives
residing in the county who are financially able to provide for the burial or cremation expenses
of the person. (2) The surviving spouse of the deceased person shall consent in writing to
the cremation by the county. (3) If there is no surviving spouse, any adult child of the deceased
person, if the adult child resides in the county, shall consent in writing to the cremation.
(4) If there is no surviving spouse or surviving adult child of the deceased residing in the
county, the agency referring the body and requesting the cremation may consent in writing
to the cremation. A referring agency acting in good faith pursuant to this section shall be
exempt from all civil and criminal liability regarding such...
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45-8A-22.124
Section 45-8A-22.124 Eligible rollover distribution; direct rollover. (a) Rollovers Generally.
(1) Notwithstanding any provision of the plan to the contrary that would otherwise limit a
distributee's election under this section, a distributee may elect, at the time and in the
manner prescribed by the retirement board, to have any portion of an eligible rollover distribution
paid directly to an eligible retirement plan specified by the distributee in a direct rollover.
(2) Definitions. a. Eligible Rollover Distribution. An eligible rollover distribution is any
distribution of all or any portion of the balance to the credit of the distributee, except
that an eligible rollover distribution does not include: 1. Any distribution that is one of
a series of substantially equal periodic payments, not less frequently than annually, made
for the life, or life expectancy, of the distributee or the joint lives, or joint life expectancies,
of the distributee and the distributee's designated...
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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, §7934; Code 1940,...
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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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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
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12-18-111
Section 12-18-111 Transfer of contributions and creditable service - Eligibility requirements;
adjusted benefits; formulas; district or probate judges excepted; spouses benefits. (a) Any
member of the Judicial Retirement Fund of Alabama whose creditable service and contributions
have been certified and transferred to the Judicial Retirement Fund, shall be entitled to
retire under the said fund on service or disability, upon attaining sufficient years of age
and creditable service, including credit for service transferred to the fund under the provisions
of this article, to qualify for said retirement, in accordance with the service and age requirements
contained in this chapter for the judicial position in which such member is serving at the
time of retirement, subject to the adjustments in benefits and allowances provided for in
this section. The surviving spouse of a member of the Judicial Retirement Fund shall be entitled
to count or employ creditable service certified and...
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