Code of Alabama

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19-3-25
Section 19-3-25 Appointment and duties of appraisers. On the filing of such inventory, the
register or clerk must indorse upon each of such copies the fact and date of such filing and
must appoint three competent and disinterested persons, who must not be of kin or of counsel
to any person interested in the trust estate, appraisers of and in each county in which any
part of the trust property may be, and must attach to the commission one of the copies of
such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its
true value, the property described in such inventory, and set down in figures opposite each
item, the appraised value thereof, add each column and carry forward the result so as to show
the total valuation placed upon such property, and verify the same by affidavit and make return
thereof to the register or clerk who must record the commission to the appraisers and such
combined inventory and appraisement, together with the affidavits appended...
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43-2-230
Section 43-2-230 Applications for letters of administration. Whenever letters of administration
on the estate of any person presumed to be dead on account of absence for five or more years
from the place of his last domicile within this state shall be applied for, it shall be the
duty of the judge of probate to whom the application shall be made to accept and file the
same and to thereupon take the testimony with respect to whether the petitioner is entitled
to such letters; and, if the court is satisfied by the testimony that the applicant would
be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised
in a newspaper published in the county, once a week for four consecutive weeks, the fact of
said application, together with notice that on a day certain which shall be at least two weeks
after the last of said advertisements, the court will hear evidence concerning the alleged
absence of the supposed decedent, and the circumstances and duration...
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43-2-373
Section 43-2-373 Payment of claims barred by statute of limitations. No claim against the estate
of a decedent whether in favor of the personal representative or any other person, which was
barred by the statute of limitations at the time of the death of such decedent, shall be paid
by or allowed to the personal representative, unless the payment of such claim be expressly
directed by a testator in his will. (Code 1896, §128; Code 1907, §2599; Code 1923, §5824;
Code 1940, T. 61, §220.)...
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43-2-834
Section 43-2-834 Personal representative to proceed without court order; exception. A personal
representative shall proceed expeditiously with the settlement and distribution of a decedent's
estate, and except as otherwise specified by law or ordered by the court, shall do so without
adjudication, order, or direction of the court, but the personal representative may invoke
the jurisdiction of the court to resolve any questions concerning the estate or its administration.
(Acts 1993, No. 93-722, p. 1411, §5.)...
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43-2-845
Section 43-2-845 Powers and duties of successor personal representative. A successor personal
representative has the same power and duty as the original personal representative to complete
the administration and distribution of the estate, as expeditiously as possible, but a successor
personal representative shall not exercise any power expressly made personal to the personal
representative named in the will. (Acts 1993, No. 93-722, p. 1411, §16.)...
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6-10-101
Section 6-10-101 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Vesting of title to real property in surviving spouse
and minors and right to possession thereof. If no exceptions are filed and sustained to such
report of the commissioners setting apart the homestead exemption, the title to the real property
so set aside shall vest in the surviving spouse and minors, share and share alike, but only
during the life of the surviving spouse and minority of the children. If all the real property
left by the decedent in this state does not exceed in area and value the homestead allowed
by law as exempt, title to all such real property shall vest absolutely in the surviving spouse,
the children (minors and adults) and the descendants of deceased children, or, if there is
no surviving spouse, in the children and the descendants of deceased children, or, if there
are no children or descendants of deceased children, in the...
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19-3B-804
Section 19-3B-804 Prudent administration. A trustee shall administer the trust as a prudent
person would, by considering the purposes, terms, distributional requirements, and other circumstances
of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill,
and caution. (Act 2006-216, p. 314, §1.)...
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43-2-274
Section 43-2-274 Appointment of administrator after final settlement. After a final settlement,
there being personally not administered which requires an administrator for the proper disposition
thereof, the judge of probate of the proper county must proceed to appoint a suitable person
as administrator who shall give bond as required by law and administer the personal estate
of the decedent not already administered. (Code 1940, T. 61, §177.)...
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19-2-2
Section 19-2-2 Removal of fiduciary; appointment of successor; accounting by fiduciary. Any
fiduciary engaged in war service may be removed from his office as such upon petition filed
in the proper court having jurisdiction by any person interested in the trust fund or the
estate being administered or by any co-fiduciary or surety, and if the trust has not been
fully executed or the administration of the estate has not been fully completed, the court,
upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal
if there is no trust instrument providing a practicable method of appointment. If the court
shall find that, because of the military service of the fiduciary, the stating of an account
at that time is not possible, an accounting by such fiduciary in military service shall not
be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement
of such fiduciary or at such time as the said court deems meet, such fiduciary...
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22-8B-5
Section 22-8B-5 Liability for damages; wrongful death action; suspension or revocation of license.
(a) Any person, physician, or health care provider who deliberately violates this chapter
by aiding in dying shall be liable for damages. (b) If any person deliberately aids in dying
in violation of this chapter that results in death, the personal representative or administrator
of the estate of the decedent may bring an appropriate action for wrongful death. (c) Any
physician or other health care provider who deliberately aids in dying in violation of this
chapter shall be considered to have engaged in unprofessional conduct for which his or her
license to provide health care services in the state shall be suspended or revoked by the
appropriate licensing board. (Act 2017-231, §5.)...
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