§ 43-2-556 — Issuance of Citation; Notice; When Court Required to Examine, Audit or Restate Account

Alabama § 43-2-556

• 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

After stating such account, the court must issue citation to such executor or administrator or, if dead, to his or her personal representative or, in case of his or her removal from the state, to his or her sureties to appear on a day therein named and to file his or her account and vouchers for settlement, or that the account so stated will be passed, which must be served on him or her, or, if dead, on his or her personal representative or, in case of his or her removal from the state, his or her sureties at least 10 days before the day named therein; and must also give notice of such settlement by publication, as in case of final settlements voluntarily made by executors or administrators; and if, on the day named, such executor or administrator or, if dead, his or her personal representative or, in case of his or her removal from the state, his or her sureties fail to appear and file his or her accounts and vouchers for settlement, as required by law, the court must proceed to examine the account, audit and, if necessary, restate the same.

Legislative History

(Code 1852, §1879; Code 1867, §2235; Code 1876, §2593; Code 1886, §2179; Code 1896, §247; Code 1907, §2698; Acts 1923, No. 492, p. 655; Code 1923, §5931; Code 1940, T. 61, §326.)