(a) A personal representative is a fiduciary. Except as otherwise provided by the terms of the will, the personal representative shall observe the standards in dealing with the estate that would be observed by a prudent person dealing with the property of another. If the personal representative has special skills or is named personal representative on the basis of representations of special skills or expertise, the personal representative is under a duty to use those skills. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and Title 43, and as expeditiously and efficiently as is consistent with the best interests of the estate. The personal representative shall use the authority conferred upon personal representatives by law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, a probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a proceeding questioning the personal representative’s appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor or dependent child, and any pretermitted child of the decedent.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as the decedent had immediately prior to death.
(Acts 1993, No. 93-722, p. 1411, §4.)
Notes of Decisions
Cited in
8
cases (
3 in the last 5 years), 2004–2023 · leading case:
Ruttenberg v. Friedman, 97 So. 3d 114 (Ala. 2012).
Ruttenberg v. Friedman, 97 So. 3d 114 (Ala. 2012).
· cites it 5× “See § 43-2-833(a), Ala.Code 1975. Essentially, the personal representative marshals assets, identifies and honors valid claims against the estate, and distributes the balance.”
Est. of Chism v. Eldridge (In Re Eldridge), 348 B.R. 834 (Bankr. N.D. Ala. 2006).
· cites it 2× “, 1975 § 43-2-833(c). And section 43-2-843(18) reads, “a personal representative, acting prudently for the benefit of the interested persons, may properly: .”
J.o.j., Sr. v. R.R., 895 So. 2d 336 (Ala. Civ. App. 2004).
“Code 1975, § 43-8-1(8) (defining an estate as ”[i]n-clud[ing] the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration”), § 43-2-310, § 43-2-833(a) (a personal representative is…”
Ayers v. Clark, 106 So. 3d 409 (Ala. Civ. App. 2012).
“” § 43-2-833(a), Ala. Code 1975. Carol and Robert’s assertion that the “Love Agreement” is the trust document does not attack Ayers’s standing as the administrator of the estate to challenge either the validity of the trust itself or Carol and Robert’s assertion that the “Love…”
Jenkins v. Norfolk S. Ry. Co., No. 2:20-cv-00483 (N.D. Ala. Nov. 29, 2021).
· cites it 2× “In adopting the Magistrate Judge’s report and recommendation, the district court noted that the Magistrate Judge relied on Alabama Code § 43-2-833(c) for the proposition that “only the decedent’s personal representative has specific authority to file and prosecute lawsuits on…”
Wilson v. Mack, No. 1:23-cv-00207 (S.D. Ala. Aug. 25, 2023).
· cites it 2× “2 Wilson, as administrator of Wilson II’s estate, has standing to bring this action pursuant to Ala. Code §§ 43-2-833 (c), 43-2-843(18) and Fed.”
Joj, Sr. v. Rr, 895 So. 2d 336 (Ala. Civ. App. 2004).
“Code 1975, § 43-8-1(8) (defining an estate as "[i]nclud [ing] the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration"), § 43-2-310, § 43-2-833(a) (a personal representative is…”
Wilson v. Mack, No. 1:23-cv-00207 (S.D. Ala. Sept. 12, 2023).
“Code §§ 43-2-833 (c), 43-2-843(18) and Fed. R.”
Ala. Code § 43-2-833(a): 4 cases
Ruttenberg v. Friedman, 97 So. 3d 114 (Ala. 2012).
“See § 43-2-833(a), Ala.Code 1975. Essentially, the personal representative marshals assets, identifies and honors valid claims against the estate, and distributes the balance.”
J.o.j., Sr. v. R.R., 895 So. 2d 336 (Ala. Civ. App. 2004).
“Code 1975, § 43-8-1(8) (defining an estate as ”[i]n-clud[ing] the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration”), § 43-2-310, § 43-2-833(a) (a personal representative is…”
Ayers v. Clark, 106 So. 3d 409 (Ala. Civ. App. 2012).
“” § 43-2-833(a), Ala. Code 1975. Carol and Robert’s assertion that the “Love Agreement” is the trust document does not attack Ayers’s standing as the administrator of the estate to challenge either the validity of the trust itself or Carol and Robert’s assertion that the “Love…”
Joj, Sr. v. Rr, 895 So. 2d 336 (Ala. Civ. App. 2004).
“Code 1975, § 43-8-1(8) (defining an estate as "[i]nclud [ing] the property of the decedent whose affairs are subject to this chapter as originally constituted and as it exists from time to time during administration"), § 43-2-310, § 43-2-833(a) (a personal representative is…”
Ala. Code § 43-2-833(c): 2 cases
Est. of Chism v. Eldridge (In Re Eldridge), 348 B.R. 834 (Bankr. N.D. Ala. 2006).
“, 1975 § 43-2-833(c). And section 43-2-843(18) reads, “a personal representative, acting prudently for the benefit of the interested persons, may properly: .”
Jenkins v. Norfolk S. Ry. Co., No. 2:20-cv-00483 (N.D. Ala. Nov. 29, 2021).
“In adopting the Magistrate Judge’s report and recommendation, the district court noted that the Magistrate Judge relied on Alabama Code § 43-2-833(c) for the proposition that “only the decedent’s personal representative has specific authority to file and prosecute lawsuits on…”
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