43-2-46
Section 43-2-46 Postponing issuance of letters during time for appeal. When there are contesting
applicants for letters testamentary or of administration, no letters must issue until the
time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken,
no letters in chief must be granted until the appeal is finally disposed of; but a special
administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876,
§2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940,
T. 61, §88.)...
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43-2-850
Section 43-2-850 Proceedings for review of employment of agents and compensation of personal
representatives and employees of estate. On petition or appropriate motion of an interested
person, and after notice to all interested persons, the propriety of employment of any person
by a personal representative including any attorney, auditor (who may include certified public
accountants, public accountants, or internal auditors), investment advisor, or other specialized
agent or assistant, the reasonableness of the compensation of any person so employed, or the
reasonableness of the compensation determined by the personal representative for the personal
representative's own services, may be reviewed by the court. Any person who has received excessive
compensation from an estate for services rendered may be ordered to make appropriate refunds.
(Acts 1993, No. 93-722, p. 1411, §21.)...
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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed. If
a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects until
after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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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.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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43-2-24
Section 43-2-24 Supplemental letters for minors and married women upon removal of disability.
If the disability of a person under age or of a married woman named as executor in any will
is removed before the administration of such will is completed, such person is entitled to
supplementary letters testamentary, to be issued in the same manner as original letters, and
shall thereupon be authorized to join in the execution of such will with the persons previously
appointed. (Code 1852, §1661; Code 1867, §1979; Code 1876, §2343; Code 1886, §2008; Code
1896, §50; Code 1907, §2512; Code 1923, §5734; Code 1940, T. 61, §73.)...
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43-2-353
Section 43-2-353 Revival of pending action considered as presentation. The revival of any action
pending against any person at the time of his death, which by law survives against his personal
representative, by notice served on the executor or administrator within six months after
the grant of letters, shall be considered as a presentation of the claim on which the action
is founded. (Code 1852, §1886; Code 1867, §2242; Code 1876, §2600; Code 1886, §2084; Code
1896, §134; Code 1907, §2594; Code 1923, §5819; Acts 1931, No. 719, p. 838; Code 1940,
T. 61, §215.)...
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5-5A-39
Section 5-5A-39 Disposition of small deposits of deceased person - Time for payment; when payment
prohibited. No payment shall be made pursuant to Section 5-5A-38 by the bank before the lapse
of 60 days from the date of the death of the deceased, and no payment shall be made by the
bank under this section if letters testamentary or of administration have been issued to a
personal representative or a proceeding is pending in the court in this state which would
have jurisdiction of the administration of the estate. The bank shall be fully protected by
requiring an affidavit by some reputable citizen as to the facts specified. (Acts 1980, No.
80-658, §5-5-39.)...
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35-12A-14
Section 35-12A-14 Abandonment of dwelling by death of tenant. If the manufactured dwelling
or personal property is considered abandoned as a result of the death of the only tenant,
Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows:
(1) The provisions of this chapter regarding the rights and responsibilities of a tenant to
the abandoned manufactured dwelling and personal property shall apply to any personal representative
named in a will or appointed by a court to act for the deceased tenant or any person designated
in writing by the tenant to be contacted by the manufactured dwelling community owner in the
event of the tenant's death. (2) The notice required by Section 35-12A-3 shall be personally
delivered or sent by first class mail to any personal representative named in a will or appointed
by a court to act for the deceased tenant. (3) The notice described in Section 35-12A-5 shall
refer to any personal representative or designated person,...
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36-4-1
Section 36-4-1 Administration of official oaths. In all cases in which it is not otherwise
provided by law, the oaths of office may be administered by any officer authorized to administer
an oath, must be written out and subscribed by the person taking the same and must be accompanied
with the certificate of the officer administering such oaths, specifying the day and year
on which the same were taken. (Code 1852, §111; Code 1867, §150; Code 1876, §156; Code
1886, §250; Code 1896, §3063; Code 1907, §1476; Code 1923, §2588; Code 1940, T. 41, §21.)...

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