Alabama § 43-2-350 Time and Manner of Filing Claims - Generally

Alabama Statutes

§ 43-2-350 — Time and Manner of Filing Claims - Generally

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 2 Administration of Estates·Art. 15 Claims and Debts·Div. 1 Presentation

(a)All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by Section 43-2-352. All claims not so presented and filed are forever bar

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(a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by Section 43-2-352. All claims not so presented and filed are forever barred, and the payment or allowance thereof is prohibited. But this subsection shall not apply to claims of personal representatives to compensation for their services as such, nor to sums properly disbursed by them in the course of administration.
(b) All claims against the estate of a decedent, other than the claims referred to in subsection (a) of this section, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in Section 43-2-61 must be allowed 30 days after notice within which to present the claim, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited. Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted. Claims which have not been filed and which are liens against the property of the decedent may be paid by the personal representative to protect the assets of the estate. The provisions of this subsection do not apply to heirs or devisees claiming as heirs or devisees.

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Legislative History

(Code 1852, §§1883, 1884; Code 1867, §§2239, 2240; Code 1876, §§2597, 2598; Code 1886, §§2081, 2082; Code 1896, §§129, 130, 132; Code 1907, §§2589, 2590, 2592; Code 1923, §§5814, 5815, 5817; Acts 1931, No. 722, p. 839; Acts 1931, No. 723, p. 840; Code 1940, T. 61, §§210, 211, 213; Acts 1989, No. 89-811, p. 1618, §3.)