43-2-811
Section 43-2-811 Special plea of insolvency. The executor or administrator may, at any time
before judgment, plead specially that the estate has been declared insolvent; and, in such
case, the other issues must be tried and judgment entered thereon. (Code 1852, §1859; Code
1867, §2208; Code 1876, §2580; Code 1886, §2250; Code 1896, §318; Code 1907, §2794; Code
1923, §6033; Code 1940, T. 61, §420.)...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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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.)...
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43-2-770
Section 43-2-770 When settlement must be made. Every executor or administrator of an insolvent
estate must make a settlement of his accounts, as such, at such time as the court may appoint,
not less than six months nor more than 12 months from the time the estate is declared insolvent.
(Code 1852, §1856; Code 1867, §2205; Code 1876, §2577; Code 1886, §2247; Code 1896, §315;
Code 1907, §2788; Code 1923, §6027; Acts 1931, No. 729, p. 842; Code 1940, T. 61, §414.)...

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43-2-810
Section 43-2-810 Continuance upon showing of insolvency. During the progress of any civil action
against an executor or administrator, he may show that such estate has been reported insolvent;
and, upon such showing, the case must be continued until the final disposition of such report.
(Code 1852, §1858; Code 1867, §2207; Code 1876, §2579; Code 1886, §2249; Code 1896, §317;
Code 1907, §2793; Code 1923, §6032; Code 1940, T. 61, §419.)...
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43-2-708
Section 43-2-708 Second declaration by succeeding administrator not necessary. An estate of
a decedent having once been declared insolvent, it shall not be necessary for any succeeding
administrator to apply for or obtain a declaration or decree of insolvency; but a declaration
of insolvency once had, and remaining unreversed, shall continue and apply to and be effectual
under all subsequent administrations, as if obtained under each of them. (Code 1867, §4424;
Code 1876, §2589; Code 1886, §2261; Code 1896, §329; Code 1907, §2766; Code 1923, §6005;
Code 1940, T. 61, §392.)...
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43-2-707
Section 43-2-707 Declaration of insolvency. If no person contests the correctness of the report
or if the issue is decided against contestant, the court must declare the estate insolvent
and must make an order for the executor or administrator on a day therein named, not less
than 30 nor more than 60 days therefrom, to appear and make a settlement of his administration;
and of such order, and of the day appointed for such settlement, notice must be given by the
judge of probate as is required by section 43-2-704. (Code 1852, §§1838, 1839; Code 1867,
§§2187, 2188; Code 1876, §§2559, 2560; Code 1886, §2230; Code 1896, §298; Code 1907,
§2763; Code 1923, §6002; Code 1940, T. 61, §389.)...
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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.)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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