Code of Alabama

Ala. Code § 43-2-211 (2026)

Right to Maintain Actions and Recover or Receive Property in State.

✓ official Alabama Legislature (ALISON) text, current July 2026
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Any executor or administrator who has obtained letters testamentary or of administration on the estate of a person who was not, at the time of his or her death, an inhabitant of this state, in any other of the United States, and who has not obtained letters of administration thereon in this state, as authorized by Article 8 of Chapter 2 of this title, may maintain civil actions and recover or receive property in this state:

(1) By recording, at any time before judgment or the receipt of the property, a copy of his or her letters, duly authenticated according to the laws of the United States, in the office of the judge of probate of the county in which such civil action is brought or property received; or

(2) By giving bond, with at least two good and sufficient sureties, payable to and approved by such judge of probate, in such amount as he or she may prescribe, to be determined with reference to the value of the property to be recovered or received and conditioned to faithfully administer such recovery or property according to law.

(Code 1852, §1934; Code 1867, §2293; Code 1876, §2637; Code 1886, §2290; Code 1896, §359; Code 1907, §2825; Code 1923, §6064; Code 1940, T. 61, §151.)

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Smith v. Fisher, 143 So. 3d 110 (Ala. 2013).
Smith v. Fisher, 143 So. 3d 110 (Ala. 2013). · cites it 3× “On November 9, 2012, the defendants, citing § 43-2-211 et seq., Ala.Code 1975, moved the trial court to dismiss the complaint against them as being void ab initio, arguing that Toma had failed to qualify as the personal representative of Tiffani’s estate in the State of Alabama.”
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