§ 43-2-235 — Revocation of Letters Upon Proof That Supposed Decedent Is Alive - Distribution of Assets

Alabama § 43-2-235

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 10: Administration of Estates of Persons Presumed Dead

Text

The probate court may revoke the said letters at any time on due and satisfactory proof that the supposed decedent is in fact alive, after which revocation all the powers of the administrator shall cease, but all receipts, disbursements of assets, and other acts previously done by him or her shall remain as valid as if the said letters were unrevoked. The administrator shall settle an account of his or her administration, down to the time of such revocation, and shall transfer all assets remaining in his or her hands to the person as whose administrator he or she had acted or to his or her duly authorized agent or attorney. Nothing in this article shall validate the title of any person to any property or money received as widow, next of kin, or heir of such supposed decedent, but the same may be recovered from such person, provided such supposed decedent shall make due and sufficient legal proof to the court having jurisdiction of said estate, within one year after the petition for letters of said administration was filed, that he or she is alive; provided further, that if such proof is not furnished as provided in this article, the court having jurisdiction of said estate is authorized and directed to direct the administrator of said estate to disburse such funds or money as he or she may have belonging to said estate to the persons entitled to receive the same under the law.

Legislative History

(Acts 1939, No. 46, p. 53; Code 1940, T. 61, §161; Acts 1945, No. 509, p. 732.)