§ 43-2-519 — Notice of Annual or Partial Settlement; Conclusiveness of Order or Decree; Reopening Account

Alabama § 43-2-519

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

Text

Whenever any administrator or executor shall file any annual, partial or final settlement in any court having jurisdiction thereof, the court shall, at the request of such administrator or executor, require that notice thereof be given in the same manner as required by law in cases of final settlements, and any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein, and as to all fees and compensation fixed or allowed to any such administrator, executor, or attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the administrator, executor, beneficiary, or other party having an interest in the estate for amendment or revision, if it later appears that the account is incorrect, either because of fraud or mistake.

Legislative History

(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 61, §315.)