§ 43-2-47 — Special Administrator Ad Colligendum

Alabama § 43-2-47

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 2: Grant of Letters Testamentary of Administration
• Div. 2: Grant of Letters of Administration

Text

(a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing the collection and preservation by him or her of the goods of the deceased until letters testamentary or of administration have been duly issued.
(b) Every such special administrator has authority to collect the goods and chattels of the estate and debts of the deceased, to give receipts for moneys collected, to satisfy liens and mortgages paid to him or her, and to secure and preserve such goods and chattels at such expense as may be deemed reasonable by the probate court; and for such purposes, he or she may maintain civil actions as administrator.
(c) Such special administrator may also, under the direction of the probate court, sell such goods as are perishable or wasting, after the same have been appraised, upon such notice as the judge of probate may prescribe.
(d) Upon the grant of letters testamentary or of administration, the authority of such special administrator ceases, and on demand he or she must deliver to the rightful executor or administrator all the assets of the deceased which may be in his or her hands and render an account on oath of all his or her proceedings to the probate court.

Legislative History

(Code 1852, §§1676-1679; Code 1867, §§1994-1997; Code 1876, §§2358-2361; Code 1886, §§2020-2023; Code 1896, §§62-65; Code 1907, §§2526-2529; Code 1923, §§5748-5751; Code 1940, T. 61, §§89-92.)