The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by law or that the same will be barred. The notice of appointment,
(1) For actual notice as required in Section 43-2-61(1), must be given as soon as practicable after a creditor’s identification is known; and
(2) For publication notice as required in Section 43-2-61(2), must be given within thirty days from grant of letters.
(Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122; Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618, §1.)
Notes of Decisions
Cited in
9
cases, 1990–2019 · leading case:
Taylor v. Newman, 93 So. 3d 118 (Ala. 2012).
Taylor v. Newman, 93 So. 3d 118 (Ala. 2012).
· cites it 3× “See Ala.Code 1975, § 43-2-60 (notice must inform the claimant that failure to present a claim “within the time allowed by law” will result in the claim being “barred”).”
Clark v. Jefferson Fed. Sav. & Loan Ass'n of Birmingham, 571 So. 2d 1032 (Ala. 1990).
· cites it 8× “Code 1975, § 43-2-350, could operate as a bar to Jefferson Federal’s claim only if the actual notice comported with § 43-2-60. The trial court concluded that because the administrator’s demand letter (requesting the balance of McKee’s savings account) of May 12, 1983, did not…”
Marks v. Tenbrunsel, 910 So. 2d 1255 (Ala. 2005).
“1990) ("The Alabama legislature amended §§ 43-2-60 and -61 in response to [ Tulsa Professional Collection Services, Inc.”
Taylor v. Newman, 2100781 (ala.civ.app. 10-14-2011), 93 So. 3d 108 (Ala. Civ. App. 2011).
· cites it 2× “That section provides: “Notice, as prescribed in section 43-2-60, must be given: “(1) By first-class mail addressed to their last known address, or by other mechanism reasonably calculated to provide actual notice, to all persons, firms, and corporations having claims against…”
Carter v. Beck, 598 So. 2d 1390 (Ala. 1992).
· cites it 3× “Alabama Code 1975, § 43-2-60, provides in pertinent part: “The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against…”
Blackwell v. Williams, 594 So. 2d 56 (Ala. 1992).
· cites it 2× “§ 43-2-60, Ala.Code 1975 (Cum.Supp.1990).”
Est. of O'Neal v. United States, 291 F. Supp. 2d 1253 (N.D. Ala. 2003).
· cites it 2× “Plaintiffs note that Alabama Code § 43-2-60 requires personal representatives to give notice of their appointment and to provide certain information.”
Ismail v. Ascensionpoint Recovery Servs., LLC (N.D. Ala. 2019).
· cites it 4× “The referenced § 43-2-61 requires the personal representative of the estate to provide actual notice of her appointment, compliant with Ala. Code § 43-2-60 ,5 “to all persons, firms, and corporations having claims against the decedent, who are known or who are reasonably…”
Reynolds v. Reynolds, 837 So. 2d 847 (Ala. Civ. App. 2002).
“Section 43-2-60, Ala.Code 1975, states that "[t]he personal representative must give notice .”
— Ala. Code § 43-2-60(1) — 1 case
Taylor v. Newman, 2100781 (ala.civ.app. 10-14-2011), 93 So. 3d 108 (Ala. Civ. App. 2011).
“That section provides: “Notice, as prescribed in section 43-2-60, must be given: “(1) By first-class mail addressed to their last known address, or by other mechanism reasonably calculated to provide actual notice, to all persons, firms, and corporations having claims against…”
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