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43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
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43-2-155
Section 43-2-155 Right of succeeding representative to execution. Any subsequent administrator,
or administrator with the will annexed, may have execution on any judgment recovered by any
person who preceded him in the administration of the same estate, without reviving the same
or without proceeding to notify the defendant in such judgment. (Code 1852, §1926; Code 1867,
§2285; Code 1876, §2623; Code 1886, §2279; Code 1896, §348; Code 1907, §2815; Code 1923,
§6054; Code 1940, T. 61, §131.)...
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43-2-61
Section 43-2-61 Manner of giving notice. Notice, as prescribed in section 43-2-60, must be
given: (1) By first-class mail addressed to their last known address, or by other mechanism
reasonably calculated to provide actual notice, to all persons, firms, and corporations having
claims against the decedent, who are known or who are reasonably ascertainable by the personal
representative within six months from the grant of letters; and (2) By publishing a notice
once a week for three successive weeks in a newspaper of general circulation published in
the county in which the letters were granted or, if none is published in the county, in the
one published nearest to the courthouse thereof or in an adjoining county. (Code 1852, §1735;
Code 1867, §2058; Code 1876, §2427; Code 1886, §2076; Code 1896, §123; Code 1907, §2587;
Code 1923, §5812; Code 1940, T. 61, §94; Acts 1989, No. 89-811, p. 1618, §2.)...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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43-2-704
Section 43-2-704 Time for hearing; notice of hearing. The probate court, on the filing of such
report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,
to hear and determine the same and must give notice to the creditors of and to all persons
interested in the estate of the filing of the report and the day appointed to hear and determine
the same by publication, once a week for three successive weeks, in some newspaper published
in the county or, if none is published therein, in a newspaper published nearest to the courthouse
of such county, and by posting such notice at the courthouse door for the same length of time
and by forwarding such notice by mail to all creditors and to all adult heirs or distributees
whose places of residence are known, and shall appoint guardians ad litem for all heirs or
distributees who are minors or of unsound mind. Upon the day appointed or on any other day
to which the hearing is continued, the court must proceed to...
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43-8-291
Section 43-8-291 Right to disclaim interest in property. (a) A person, or the representative
of a deceased, incapacitated person, protected person, incompetent or ward, who is an heir,
next of kin, devisee, legatee, grantee, donee, surviving joint tenant, person succeeding to
a disclaimed interest, beneficiary under a testamentary or nontestamentary instrument or contract,
or appointee under a power of appointment exercised by a testamentary or nontestamentary instrument,
or to whom any property or interest therein devolves, by whatever means, may disclaim in whole
or in part the right of succession to any property or interest therein by delivering or filing
a written disclaimer under this article. (b) A surviving joint tenant may disclaim as a separate
interest any property or interest therein devolving to him by right of survivorship. A surviving
joint tenant may disclaim the entire interest in any property or interest therein that is
the subject of a joint tenancy devolving to him,...
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5-17-16
Section 5-17-16 Disposition of shares or deposit account of deceased person. Whenever a person
shall die leaving a share or deposit account in a credit union not exceeding ten thousand
dollars ($10,000), the credit union having the share or deposit account may discharge itself
from liability thereafter by paying the funds in the share or deposit account to the widow
or surviving husband of the deceased or, if there is no widow or surviving husband, to the
persons having the actual custody or control of the minor child or children of the deceased;
provided, that such person, if not the legal guardian, shall execute to the probate judge
of the county a bond in the penal sum of double the amount of such deposit for the faithful
accounting of the money so received, which shall be approved by the probate judge, or, if
there is no minor child or children, to the person or persons who under the laws of Alabama
are the heirs and inherit the personal property of the deceased. No such payment is...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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11-48-25
Section 11-48-25 Effect and correction of defects or errors in notice. If there is any defect
in said notice or proceedings before or subsequent to said notice with respect to one or more
interested persons, the same shall not affect such notice or proceedings except insofar as
it may touch the interest or property of such person or persons and shall not avail any other
person concerned therein. In the case of such defect, supplementary proceedings of the same
general character as those prescribed in this article may be had in order to supply such defect.
(Code 1907, §1380; Code 1923, §2195; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §534.)...
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