§ 43-2-553 — Decree for Balance - Decree in Favor of Outgoing Executor or Administrator; Insolvent Estates

Alabama § 43-2-553

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 18: Settlements and Distributions
• Div. 3: Compelling Settlement of Executor or Administrator Whose Authority Has Ceased

Text

If, on such settlement, a balance is ascertained to be due from the estate of such decedent to the deceased or outgoing executor or administrator, the probate court may, if six months have elapsed from the grant of original letters, render a decree in favor of the outgoing executor or administrator or, if dead, of his or her personal representative, against the remaining or succeeding executor or administrator for such balance; and if the estate is solvent, payment thereof may be enforced by execution against him or her, to be levied on any effects of such estate in his or her hands unadministered; but if the estate is insolvent, such decree is to be paid as other claims against insolvent estates; and if such balance or any part thereof is for expenses of administration necessarily incurred, such balance, or such part thereof as may be for such expenses, shall be a preferred claim against such estate and shall be paid as other preferred claims are paid.

Legislative History

(Code 1867, §2167; Code 1876, §2539; Code 1886, §2176; Code 1896, §244; Code 1907, §2695; Code 1923, §5928; Code 1940, T. 61, §323.)