Alabama § 43-8-54 Controversy as to Advancements - Consequence of Failure to Answer

Alabama Statutes

§ 43-8-54 — Controversy as to Advancements - Consequence of Failure to Answer

Alabama § 43-8-54

Title 43Wills and Decedents’ Estates

Ch. 8Probate Code

Art. 3Intestate Succession

This text of Alabama § 43-8-54 (Controversy as to Advancements - Consequence of Failure to Answer) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-8-54 (2026).

Text

In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he or she has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his or her full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he or she has received any advancement, the court may proceed to take evidence ex parte as to the ma

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In case any distributee or heir, or the legal representatives of heirs at law of any distributee or heir alleged to have received an advancement, and on whom a citation has been personally served as above provided, fail or neglect to return a report, as required, or fail to answer such application, denying that he or she has received any advancement, such failure or neglect to report or answer shall be considered by the probate court as prima facie evidence that such person has received his or her full proportionate part of such estate. In case any nonresident against whom publication has been made fails or neglects to return a report as required, or to answer such application, denying that he or she has received any advancement, the court may proceed to take evidence ex parte as to the matters alleged in such application.

Legislative History

(Code 1867, §1908; Code 1876, §2272; Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code 1923, §7388; Code 1940, T. 16, §24; Code 1975, §43-3-39.)