43-8-162
Section 43-8-162 Where will probated. Wills must be proved in the several probate courts as
follows: (1) When the testator, at the time of his death, was an inhabitant of the county,
in the probate court of such county. (2) When the testator, not being an inhabitant of the
state, dies in the county, leaving assets therein, in the probate court of such county. (3)
When the testator, not being an inhabitant of the state, dies out of the county, leaving assets
therein, in the probate of the county in which such assets, or any part thereof, are. (4)
When the testator, not being an inhabitant of the state, dies, not leaving assets therein,
and assets thereafter come into any county, in the probate court of any county into which
such assets are brought. (5) In the probate court of the county designated by testator in
the will if the testator owns property in such county at the time of his death. (Code 1852,
§1621; Code 1867, §1940; Code 1876, §2304; Code 1886, §1976; Code 1896, §4273;...
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43-2-40
Section 43-2-40 Generally. Courts of probate, within their respective counties, have authority
to grant letters of administration on the estates of persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where
the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving
assets therein. (4) Where the intestate, not being an inhabitant of the state, dies, leaving
no assets therein, and assets are afterwards brought into the county. (5) Where the intestate,
being an inhabitant of the state, dies, leaving no assets subject to administration in the
county of his residence, and no administration has been granted in such county within three
months after the death of the intestate, then administration may be granted in any county
where the intestate leaves assets. (Code 1852, §1667; Code 1867,...
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43-8-175
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of his or
her death, an inhabitant of this state, but was an inhabitant of some other state or territory
of the United States of America, or of some other territory, district or country subject to
the jurisdiction of the United States of America, and his or her will has been duly proved
in any other state of the United States of America, or in any territory, district or country
subject to the jurisdiction of the United States of America, it may be admitted to probate
in the proper court of this state in the manner following: If the will has been admitted to
probate out of the state of Alabama, but within another state of the United States of America,
or within any territory, district or country subject to the jurisdiction of the United States
of America, such will, or copy of the same, and the probate thereof must be certified and
authenticated as provided in 28 U.S.C.A., §1738. Upon the presentation to...
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12-13-2
Section 12-13-2 Person in federal service and spouse thereof who die while living within state
deemed resident of state and of county in which living for purposes of probate jurisdiction.
Any person in any branch of service of the government of the United States of America, including
those in the military, air and naval service, and the husband or wife of any such person,
if he or she dies while living within the borders of the State of Alabama, shall be deemed
prima facie to be a resident and inhabitant of the State of Alabama and of the county in which
he or she was living at the time of his or her death for purposes of general probate jurisdiction,
including the probation of his or her will and the granting of letters testamentary or of
administration upon his or her estate. (Acts 1955, No. 540, p. 1196.)...
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40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a) The State
of Alabama shall have a lien for all taxes and interest thereon which are or may become due
hereunder on all property which a decedent dies seized or possessed of subject to taxes under
this chapter, in whatever form of investment it may happen to be, and all property acquired
in substitution therefor. (b) The personal representative of an estate may execute and record
in the county of last domicile of the decedent and wherever the decedent's probate estate
is pending, an affidavit certifying that the estate is not taxable or alternatively, an affidavit
certifying that the estate is taxable and that the proper copy of the federal estate tax return
has or will be filed with the department within the proper time limits as provided by law.
The affidavit shall begin by stating that it is being filed in accordance with this section.
The content of the affidavit shall include, but not be limited to,...
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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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43-8-161
Section 43-8-161 Time limit for probate. Wills shall not be effective unless filed for probate
within five years from the date of the death of the testator. If the testator was not an inhabitant
of this state at the time of his or her death, the will may be admitted to probate in this
state pursuant to section 43-8-175, provided the will was admitted to probate, within five
years from the date of death, in the state, territory or country where the testator resided
at the time of death; provided further, that the probate in the state of the will of an inhabitant
of another state, territory or country shall not be effective against persons purchasing from
the heirs of such testator if such purchase was made more than five years after the death
of the testator and prior to February 24, 1959. (Acts 1945, No. 196, p. 322; Acts 1949, No.
336, p. 501; Acts 1959, No. 587, p. 1475, §1; Code 1975, §43-1-37.)...
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45-2-83.40
Section 45-2-83.40 Deposit of will during life of testator. (a) Any testator who resides in
Baldwin County may deposit his or her will with the Baldwin County Probate Court. The will
shall be sealed in an envelope with the name and address of the testator and the date of deposit
noted thereon. If the will is deposited by a person other than the testator, that fact also
shall be noted on the envelope. The size of the envelope may be regulated by the Baldwin County
Probate Court to provide uniformity and ease of filing. (b) The judge of probate shall issue
a receipt for the deposit of the will and shall maintain a registry of all wills deposited
in the probate court. The original will, unless withdrawn pursuant to subsection (c) or opened
after death of the testator pursuant to subsection (d), shall be kept on file. (c) A testator
may withdraw the testator's will during the testator's lifetime, but the judge of probate
shall deliver the will only to the testator personally or to a person...
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43-2-193
Section 43-2-193 Appointment of nonresident administrator. When any nonresident dies, leaving
assets in this state, if no application for letters of administration is made by a relative
or creditor entitled thereto, an administrator of his estate, appointed by the competent authority
of the state or territory of his domicile, shall be entitled to letters of administration
on such estate in this state, upon the production of the letters granted to him by the state
or territory of his intestate's domicile, duly certified as required by law, in preference
to any other person, upon his giving like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. The certified copy of his
foreign letters shall be filed and recorded in the office of the judge of probate issuing
letters in this state. (Code 1886, §2039; Code 1896, §82; Code 1907, §2558; Code 1923,
§5781; Code 1940, T. 61, §143.)...
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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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