Code of Alabama

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40-15B-2
Section 40-15B-2 Definitions. In this chapter: (1) "Apportionable estate" means the
value of the gross estate as finally determined for purposes of the estate tax to be apportioned
reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B)
the value of any interest in property that, for purposes of the tax, qualifies for a marital
or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added
to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate
tax" means a federal, state, or foreign tax imposed because of the death of an individual
and interest and penalties associated with the tax. The term does not include an inheritance
tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer
tax incurred on a direct skip taking effect at death. (3) "Gross estate" means,
with respect to an estate tax, all interests in property subject to the tax. (4) "Person"...

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40-5-12
Section 40-5-12 Payments by purchasers, lien holders or mortgagees of real estate. A purchaser,
lien holder, or mortgagee of real estate or personal property included in an assessment with
other real estate or personal property of the person to whom the real estate or personal property
was assessed or subject to the lien of taxes upon other real estate or personal property shall
not be required to pay the entire amount of taxes due by the person or corporation to whom
such real estate or personal property purchased or on which a lien or mortgage is held is
assessed, but may discharge the tax lien against such real estate or personal property purchased
or on which a lien or mortgage is held by paying to the tax collector of the county in which
such taxes are due and payable the actual amount of taxes due on such real estate or personal
property purchased or in which a lien or mortgage is held based on the taxable value of such
purchased or encumbered property as assessed for taxation by...
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40-7-56
Section 40-7-56 Optional Personal Property Assessment Link. (a) No later than September 30,
2016, the Department of Revenue shall develop, maintain, and administer an online business
personal property tax filing system that allows any taxpayer required to file a business personal
property tax return with any county assessing official or applicable agency the ability and
option to electronically file the return through the electronic filing system which will be
submitted to the county assessing official or applicable agency where the tax return is required
to be filed. The system shall be optional for any taxpayer and shall be known as the Optional
Personal Property Assessment Link or OPPAL. All Alabama taxing jurisdictions shall allow taxpayers
to utilize and access the OPPAL system for filing any business personal property return. The
online system shall be available for use in tax periods beginning on and after October 1,
2016, provided the taxpayer complies with this article and any...
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6-10-82
Section 6-10-82 Appraisers - Report of homestead appraisement. The appraisers shall also appraise
the homestead of the decedent occupied by the decedent at the time of death or to which the
decedent was then entitled, and they shall report the appraisement thereof when the inventory
and appraisement of the personal property are returned, with a full and accurate description
of the same. (Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929;
Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)...
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40-15-2
Section 40-15-2 Amount of tax. Subject to the exception hereinafter stated, there is hereby
levied and imposed upon all net estates passing by will, devise or under the intestate laws
of the State of Alabama, or otherwise, which are lawfully subject to the imposition of an
estate tax by the State of Alabama, a tax equal to the full amount of state tax permissible
when levied by and paid to the State of Alabama as a credit or deduction in computing any
federal estate tax payable by such estate according to the act of Congress in effect, on the
date of the death of the decedent, taxing such estate with respect to the items subject to
taxation in Alabama. The tax hereby imposed shall not exceed in the aggregate amounts which
may by any law of the United States be allowed to be credited against or deducted from such
federal estate tax. The estate tax hereby levied shall be levied only so long as and during
the time an inheritance or estate tax is enforced by the United States against...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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43-2-836
Section 43-2-836 Duty of personal representative; supplementary inventory. If any property
not included in the initial inventory comes to the knowledge of a personal representative
or if the personal representative learns that the value or description indicated in the initial
inventory for any item is erroneous or misleading, the personal representative shall make
a supplement to the initial inventory or appraisement showing the market value as of the date
of the decedent's death of the new item or the revised market value or descriptions, and the
appraisers or other data relied upon, if any, and file it with the court if the initial inventory
was filed, or furnish copies thereof to persons interested in the new information. (Acts 1993,
No. 93-722, p. 1411, §7.)...
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19-1A-3
Section 19-1A-3 (Effective January 1, 2018) Applicability. (a) This chapter applies to: (1)
a fiduciary acting under a will or power of attorney executed before, on, or after October
1, 2016; (2) a personal representative acting for a decedent who died before, on, or after
October 1, 2016; (3) a conservatorship proceeding commenced before, on, or after October 1,
2016; and (4) a trustee acting under a trust created before, on, or after October 1, 2016.
(b) This chapter applies to a custodian if the user resides in this state or resided in this
state at the time of the user's death. (c) This chapter does not apply to a digital asset
of an employer used by an employee in the ordinary course of the employer's business. Neither
does this chapter apply to a digital asset, whether employer owned or otherwise, that an employee
or contractor has stored on, housed on, maintained on, or transmitted to any software, program,
hardware, system, account, drive, tape, media, or other storage device...
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22-19-142
Section 22-19-142 Request for consent to an anatomical gift; request not required where anatomical
gift would not be suitable for use. (a) When death occurs in a hospital to a patient who has
not made an anatomical gift to take effect upon death, the hospital administrator, or designated
representative, shall request the person described in Section 22-19-42(b), in the order of
priority stated, when persons in prior classes are not available at the time of death, and
in the absence of actual notice of contrary indication by the decedent or one in a prior class,
to consent to the gift of organs of the decedent's body as an anatomical gift. (b) Where such
request is made, pursuant to this section, the request and its disposition shall be noted
in the patient's medical record. (c) Where, based upon medical criteria, such request would
not yield an anatomical gift which would be suitable for use, there is an authorized exception
to the request required by this section. (d) Where, based upon...
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40-15B-4
Section 40-15B-4 Statutory apportionment of estate taxes. To the extent that apportionment
of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except
as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject
to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that
has an interest in the apportionable estate. (2) A generation-skipping transfer tax incurred
on a direct skip taking effect at death is charged to the person to whom the interest in property
is transferred. (3) If property is included in the decedent's gross estate because of Section
2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference
between the total estate tax for which the decedent's estate is liable and the amount of estate
tax for which the decedent's estate would have been liable if the property had not been included
in the decedent's gross estate is apportioned ratably...
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