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43-2-835
Section 43-2-835 Duty of personal representative; inventory and appraisement. (a) Within two
months after appointment, a personal representative, who is not a special administrator or
a successor to another representative who has previously discharged this duty, shall file
an inventory of property owned by the decedent at the time of death, listing it with reasonable
detail, and indicating as to each listed item, its fair market value as of the date of the
decedent's death, and the type and amount of any encumbrance that may exist with reference
to any item. (b) The personal representative shall send a copy of the inventory to interested
persons who request it. If the testator, by express provision in the will to that effect,
exempts the personal representative from filing an inventory, the personal representative
shall not be required to file the initial inventory, or any supplement thereto, with the court,
unless in the opinion of the court, the estate is likely to be wasted, to the...
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43-2-691
Section 43-2-691 Definitions. For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section: (1) DEVISEES. The persons
who are entitled to the personal property of a decedent under the terms of a testamentary
disposition. (2) DISTRIBUTEES. The persons who are entitled to the personal property of a
decedent under the terms of a testamentary disposition or under the Alabama descent and distribution
statutes. (3) ESTATE. All the personal property of a decedent who owns no real property at
the time of his or her death for which title does not pass by operation of law. (4) HEIRS.
The persons who are entitled to the personal property of a decedent under the Alabama descent
and distribution statutes. (5) PERSON. The term includes natural persons and corporations.
(6) PERSONAL REPRESENTATIVE. The term includes an executor, administrator, administrator with
the will annexed, and special administrator. (Acts 1975, 3rd Ex....
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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43-8-292
Section 43-8-292 Filing and delivery of disclaimer. (a) Except as provided in subsection (c)
of this section, if the property or interest has devolved to the disclaimant under a testamentary
instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest,
not later than nine months after the death of the deceased owner or deceased donee of a power
of appointment and, if of a future interest, not later than nine months after the event determining
that the taker of the property or interest has become finally ascertained and his interest
is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in
which proceedings for the administration of the estate of the deceased owner or deceased donee
of the power have been commenced or, if they have not been commenced, in which they could
be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered
or certified mail to any personal representative or other...
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19-5-1
Section 19-5-1 Definitions. For purposes of this chapter unless the context otherwise requires,
the following terms mean: (1) FIDUCIARY. Includes a personal representative or trustee. (2)
PERSONAL REPRESENTATIVE. An executor, administrator, special administrator, or a person who
performs substantially the same function under the law governing the person's status, and
a successor to any of the above. (3) TRUST. Any express trust, with additions thereto, wherever
and however created, or any separate share of a trust, and includes any arrangement, other
than an estate, which, although not a trust, has substantially the same effect as a trust.
(4) TRUSTEE. An original, additional, or successor trustee, whether or not appointed or confirmed
by a court, and, in the case of an arrangement which is not a trust but which is treated as
a trust for purposes of the GST, includes the person in actual or constructive possession
of the property subject to such arrangement. (5) INTERNAL REVENUE CODE....
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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43-2-846
Section 43-2-846 Co-representatives; when joint action required. If two or more persons are
appointed co-representatives and unless the will provides otherwise, the concurrence of all
is required on all acts connected with the administration and distribution of the estate.
This restriction does not apply: (i) when any co-representative receives and receipts for
property due the estate; (ii) when the concurrence of all cannot readily be obtained in the
time reasonably available for emergency action necessary to preserve the estate; or (iii)
when a co-representative has been delegated to act for the others. Persons dealing with a
co-representative, if actually unaware that another has been appointed to serve as co-representative
or if advised by the personal representative with whom they deal that the personal representative
has authority to act alone for any of the reasons mentioned herein, are as fully protected
as if the person with whom they dealt had been the sole personal...
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6-2-38
Section 6-2-38 Commencement of actions - Two years. (a) An action by a representative to recover
damages for wrongful act, omission, or negligence causing the death of the decedent under
Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions
by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges,
or any part thereof, shall be begun within two years from the time the cause of action accrues
and not after. (c) For recovery of charges, action shall be begun against common carriers
of property by motor vehicles subject to this article within two years from the time the cause
of action accrues and not after, except as provided in subsection (d) of this section; provided,
that if claim for the overcharge has been presented in writing to the carrier within the two-year
period of limitation, said period shall be extended to include six months from the time notice
in writing is given by the carrier to the claimant...
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35-8-2
Section 35-8-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ASSOCIATION. The entity responsible
for the administration and management of the condominium property. (2) COMMON ELEMENTS. A
part or parts of the condominium property as set forth in the declaration in which all of
the unit owners have an undivided interest. (3) COMMON EXPENSES. The expenses arising out
of ownership of common elements for which the unit owners are liable to the association in
accordance with the declaration and bylaws. (4) COMMON SURPLUS. The excess of all receipts
of the association arising out of ownership of common elements over the amount of common expenses.
(5) CONDOMINIUM. The form of ownership of real or personal property or a combination thereof
under a declaration providing for ownership of units of the property by one or more owners.
Such units may consist of private elements together with an undivided...
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45-39-221.03
Section 45-39-221.03 Powers of tourism board. (a) The tourism board may conduct programs and
events, including, but not limited to, programs of information and publicity, sporting events,
and other public events to attract tourists and visitors to the county. The tourism board
may conduct programs or events in the state and elsewhere and expend its funds in the furtherance
of such programs and events in the state and elsewhere. (b) The tourism board may enter into
contracts with any person, firm, corporation, or association to carry out the purposes set
forth herein. No contract entered into by the tourism board shall bind either the state, the
county, or any municipality. (c) The tourism board shall have the following additional powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To sue and be sued in its own name in civil suits and actions, and to defend suits
and actions against it, including suits and actions ex delicto...
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