Section 43-2-500 When annual or partial settlement required. Every executor or administrator must make annual settlements of his administration; and he may, when necessary for the interests of the estate, be required to make a settlement at any time. (Code 1852, §1801; Code 1867, §2136; Code 1876, §2508; Code 1886; §2133; Code 1896, §201; Code […]
Section 43-2-501 When final settlement may be made. Final settlement may be made at any time after six months from the grant of letters, if the debts are all paid and the condition of the estate in other respects will admit of it. (Code 1852, §1821; Code 1867, §2157; Code 1876, §2528; Code 1886, §2134; […]
Section 43-2-502 Filing of account, etc. – Generally. In making settlements of an administration, the executor or administrator must proceed as follows: He must make out an account between himself and the estate he represents, charging himself with all the assets of the deceased which have come into his possession, except the lands, and crediting […]
Section 43-2-503 Filing of account, etc. – Liability for failure to file statement. If such statement is not filed, the executor or administrator and his sureties are liable for all damages arising therefrom. (Code 1852, §1804; Code 1867, §2139; Code 1876, §2511; Code 1886; §2136; Code 1896, §204; Code 1907, §2669; Code 1923, §5902; Code […]
Section 43-2-504 Appointment of guardian ad litem. The court must appoint a competent attorney-at-law as guardian ad litem to represent the interests of minors and persons of unsound mind interested in such settlement. (Code 1852, §1803; Code 1867, §2138; Code 1876, §2510; Code 1886, §2137; Code 1896, §205; Code 1907, §2670; Code 1923, §5903; Code […]
Section 43-2-505 Time for settlement; notice generally. (a) Upon the filing of such account, vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement, and must give notice of the same, by publication in some newspaper published in the county, for three successive weeks; or, if none is published in […]
Section 43-2-506 Settlement by consent without notice. In any case in which an administration is conducted pursuant to letters testamentary or letters of administration with the will annexed granted in this state and all legatees and distributees named in the will are of age and proof is made that all legal charges against the estate […]
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day to which the settlement is continued, the court must proceed to examine and audit the account; and, on such auditing, the executor or administrator must produce satisfactory proof of the correctness of each item on the credit side of […]
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit court or officer of any other court in Alabama having jurisdiction of partial or final settlement of estates of deceased persons shall be authorized to satisfy any claim legally filed against such estates and recorded in the solvent docket book […]
Section 43-2-509 Liability of executor or administrator for interest or profits. If any executor or administrator uses any of the funds of the estate for his own benefit, he is accountable for any profit made thereon or legal interest. (Code 1852, §1813; Code 1867, §2148; Code 1876, §2520; Code 1886, §2142; Code 1896, §210; Code […]
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent is solvent, the executor or administrator, out of the assets in his hands, may defray the necessary and reasonable expenses of maintaining and educating minors who are entitled to distribution therein, and who have no legal guardian; and, upon any […]
Section 43-2-511 Contest of account – Generally. Any person interested may appear and contest any item of the account and may examine the executor or administrator or any other witness and may introduce any legal evidence in support of his contest. (Code 1852, §1812; Code 1867, §2147; Code 1876, §2519; Code 1886, §2143; Code 1896, […]
Section 43-2-512 Contest of account – Showing of failure to discharge trust, etc. Upon final settlement, any person contesting may also show that the executor or administrator has failed to charge himself with or to account for all the assets of the decedent received by him, or that he has failed to collect the same, […]
Section 43-2-513 Contest of account – Examination of witnesses. The depositions of witnesses may be taken on interrogatories and read in evidence, or witnesses examined orally, by any party to the settlement, in the same cases, for the same causes and under the same rules as depositions are taken and read, or as witnesses are […]
Section 43-2-514 Contest of account – Reduction or disallowance of item. If any item as charged by the executor or administrator is reduced or not allowed, the costs of the contest in relation to such item must be paid by the executor or administrator, otherwise, by the party contesting. (Code 1852, §1814; Code 1867, §2149; […]
Section 43-2-515 Contest of account – Withdrawal of item. The executor or administrator may, before the decision of the court on any item, withdraw the same; but in such case he must pay the costs of the contest as to such item. (Code 1852, §1815; Code 1867, §2150; Code 1876, §2522; Code 1886, §2146; Code […]
Section 43-2-516 Decree passing account as stated. On auditing the account, the court must state the same and render a decree passing it as stated; and the same must be recorded. (Code 1852, §1816; Code 1867, §2152; Code 1876, §2523; Code 1886, §2147; Code 1896, §215; Code 1907, §2683; Code 1923, §5916; Code 1940, T. […]
Section 43-2-517 Appointment and compensation of special guardian. The jurisdiction of the probate court to make partial or final settlements or distributions of the estates of decedents is not affected by the fact that the executor or administrator making the settlement is also guardian of any heir or distributee, devisee or legatee of the decedent; […]
Section 43-2-518 Reexamination of items included in previous settlements. Upon the final settlement, any item of account included in any previous settlement may be reexamined; but its allowance in the previous settlement is presumptive evidence of its correctness. (Code 1852, §1823; Code 1867, §2159; Code 1876, §2531; Code 1886, §2149; Code 1896, §217; Code 1907, […]
Section 43-2-519 Notice of annual or partial settlement; conclusiveness of order or decree; reopening account. Whenever any administrator or executor shall file any annual, partial or final settlement in any court having jurisdiction thereof, the court shall, at the request of such administrator or executor, require that notice thereof be given in the same manner […]
