Alabama § 43-2-410 Power of Sale Conferred

Alabama Statutes

§ 43-2-410 — Power of Sale Conferred

Alabama § 43-2-410

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 16Sale of Personal Property

This text of Alabama § 43-2-410 (Power of Sale Conferred) 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 § 43-2-410 (2026).

Text

Any part of the personal property of a decedent, including land warrants and choses in action, may be sold only by order of the court, on the written application of the executor or administrator, verified by affidavit, in the following cases, unless, in such cases, power to sell is conferred by the will:

(1)For the payment of debts.

(2)To make distribution among the distributees or legatees.

(3)To prevent the waste or destruction of property liable to waste, or of a perishable nature, if it is proved that the sale would be beneficial to the estate.

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Any part of the personal property of a decedent, including land warrants and choses in action, may be sold only by order of the court, on the written application of the executor or administrator, verified by affidavit, in the following cases, unless, in such cases, power to sell is conferred by the will:
(1) For the payment of debts.
(2) To make distribution among the distributees or legatees.
(3) To prevent the waste or destruction of property liable to waste, or of a perishable nature, if it is proved that the sale would be beneficial to the estate.

Legislative History

(Code 1852, §1743; Code 1867, §2067; Code 1876, §2433; Code 1886, §2092; Code 1896, §142; Code 1907, §2606; Code 1923, §5832; Code 1940, T. 61, §228.)