Code of Alabama
Ala. Code § 6-5-462 (2026)
Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature.
✓ official Alabama Legislature (ALISON) text, current July 2026
In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor.
(Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)
Notes of Decisions
Cited in 75
cases (9 in the last 5 years), 1979–2025 · leading case: Est. of Gilliam Ex Rel. Waldroup v. City of Prattville, 639 F.3d 1041 (11th Cir. 2011).
Est. of Gilliam Ex Rel. Waldroup v. City of Prattville, 639 F.3d 1041 (11th Cir. 2011). “" Under the Alabama survivorship statute, Ala.Code § 6-5-462, unfiled personal injury claims do not survive the death of the injured party.”
King v. Nat'l Spa & Pool Inst., 607 So. 2d 1241 (Ala. 1992). “That statute provided, as does § 6-5-462, that personal claims on which an action had been filed would survive in favor or the personal representative, except for claims involving injuries to the reputation. These survival statutes do not reference the Homicide Act or the…”
Cont'l Nat. Indem. Co. v. Fields, 926 So. 2d 1033 (Ala. 2005). “Code 1975, § 6-5-462, which provides: "In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed,…”
Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012). “Ala.Code 1975, § 6-5-462 (emphasis added).”
Malcolm v. King, 686 So. 2d 231 (Ala. 1996). “Malcolm points out that under Ala.Code 1975, § 6-5-462, [1] the "survival statute," an unfiled tort claim will generally not survive the death of the person with the claim.”
Bassie v. Obstetrics & Gynecology Assoc., 828 So. 2d 280 (Ala. 2002). “Ala. Code § 6-5-462 . Thus, only in Alabama does it matter if Deborah Bassie `died' in January or in April of 2000.”
Robbins v. Sanders, 927 So. 2d 777 (Ala. 2005). “Bailey, were entitled to assert *779 against Robbins during their lifetime, but which were not the subject of any action filed by them during their lifetimes, were extinguished at the time of their deaths, pursuant to the "survival" provisions of § 6-5-462, Ala.Code 1975. We…”
Indus. Chem. & Fiberglass Corp. v. Chandler, 547 So. 2d 812 (Ala. 1989). “[1] *819 II Industrial Chemical submits that Lynn Chandler and Peggy Ann Ensley lacked capacity to assert claims for Industrial Chemical's breach of implied warranty because Ala.Code 1975, § 6-5-462, provides that "all claims upon which no action has been filed on a contract, .”
Mattison v. Kirk, 497 So. 2d 120 (Ala. 1986). “Originally, Code 1852, § 2157; currently, Code 1975, § 6-5-462. This Court has construed the survival statute and the wrongful death statute, § 6-5-440, in pari materia.”
Smith v. Wachovia Bank, N.A., 33 So. 3d 1191 (Ala. 2009). “See also § 6-5-462, Ala.Code 1975 ("In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed,…”
Haralson v. Fisher Surveying, Inc., 31 P.3d 114 (Ariz. 2001). “7, § 119, renumbered as Ala.Code § 6-5-462 (2000)); Tillett v. Lippert, 275 Mont.”
Dennis v. Magic City Dodge, Inc., 524 So. 2d 616 (Ala. 1988). “Ala.Code 1975, § 6-5-462; Bates v. L & N Employees Credit Union, 374 So.”
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