§ 43-2-505 — Time for Settlement; Notice Generally

Alabama § 43-2-505

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 18: Settlements and Distributions
• Div. 1: General Provisions

Text

(a) Upon the filing of such account, vouchers, evidence, and statement, the judge of probate must appoint a day for such settlement, and must give notice of the same, by publication in some newspaper published in the county, for three successive weeks; or, if none is published in the county, by posting such notice at the courthouse and three other public places in such county, for the same length of time; but if the settlement be only an annual one, publication shall only be given by posting up notices as above provided. If the settlement is a final one, the probate judge must also give 10 days’ notice of the day set for making the settlement to every adult distributee resident in the state whose place of residence is known or can be ascertained with reasonable diligence, and to all sureties on the bond of the administrator or executor.
(b) Such notice must state the name of the executor or administrator, the name of the deceased, the day appointed for settlement and the nature of the settlement, whether annual or final.
(c) If the heirs or legatees are of age and waive publication in a newspaper, notice must, in such case, be given by posting the same at the courthouse door.

Legislative History

(Code 1852, §§1805-1807; Code 1867, §§2140-2142; Code 1876, §§2512-2514; Code 1886, §§2138-2140; Code 1896, §§206-208; Code 1907, §§2671-2673; Code 1923, §§5904-5906; Acts 1931, No. 705, p. 829; Code 1940, T. 61, §§298-300; Acts 1953, No. 757, p. 1020.)