Code of Alabama

Ala. Code § 12-11-60 (2026)

Settlements of Estates.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a complaint in the circuit court within two years after the final settlement thereof. The evidence filed in the probate court in relation to such settlement must be received as evidence in the circuit court, with such other evidence as may be adduced. A failure to appeal from the decree of the probate court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein provided.

(b) The limitations of subsection (a) of this section do not extend to infants or persons of unsound mind who are allowed two years after the termination of their respective disabilities, but in no case to exceed 20 years.

(c) Errors of law or fact in the settlement of accounts of guardians may be corrected in the circuit court according to the provisions of subsections (a) and (b) of this section.

(Code 1852, §§1915, 1916, 2041; Code 1867, §§2274, 2275, 2451; Code 1876, §§3837-3839; Code 1886, §§3536-3538; Code 1896, §§805-807; Code 1907, §§3914-3916; Code 1923, §§6482-6484; Code 1940, T. 13, §§145-147.)

Notes of Decisions

Cited in 3 cases, 1985–1989 · leading case: Stone v. Gulf Am. Fire & Cas. Co., 554 So. 2d 346 (Ala. 1989).

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Stone v. Gulf Am. Fire & Cas. Co., 554 So. 2d 346 (Ala. 1989). “Code 1975, § 12-11-60, formerly Code 1940, Tit. 13, § 145, provides: "(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a…”

Ex parte Elliott, 477 So. 2d 358 (Ala. 1985). “The only Code section found which appears upon an initial reading to apply is Code 1975, § 12-11-60, which states: “(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part,…”

Finch v. Finch, 526 So. 2d 578 (Ala. 1988). · cites it 4× “A motion was filed to remove the executor on June 10,1985, and on June 11, 1985, a complaint was filed by Warren Finch pursuant to § 12-11-60, Code of Alabama (1975), requesting the correction of clerical errors occurring during the settlement of the decedent’s estate.”

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