Alabama § 43-2-151 Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties

Alabama Statutes

§ 43-2-151 — Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties

Alabama § 43-2-151

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 6Actions by and Against Executors and Administrators

Div. 2Execution and Garnishment to Enforce Judgments and Decrees Against Personal Representatives

This text of Alabama § 43-2-151 (Enforcement of Judgments, Etc., of Probate Court Against Representatives - Liability of Sureties) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-151 (2026).

Text

When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court “no property” by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his or her sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee.

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When an execution against an executor or administrator, issued from the probate court on any judgment, order or decree for money is returned to any regular term of such court “no property” by the sheriff of the county, such judgment, order or decree may be enforced against the executor or administrator and his or her sureties, by execution or by process of garnishment, which may issue in like cases and manner as it may issue on judgment in circuit courts and may, in like manner, be prosecuted to judgment against the garnishee.

Legislative History

(Code 1852, §1922; Code 1867, §2281; Code 1876, §2619; Code 1886, §2277; Code 1896, §346; Code 1907, §2813; Code 1923, §6052; Code 1940, T. 61, §129.)