Code of Alabama
Ala. Code § 6-5-464 (2026)
Survival - Claims Equitable in Nature.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action.
(b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced.
(Acts 1947, No. 709, p. 544.)
Notes of Decisions
Cited in 8
cases, 1990–2016 · leading case: Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012).
Allen v. Scott (In re Scott), 481 B.R. 119 (Bankr. N.D. Ala. 2012). “Ala.Code 1975, § 6-5-464. 11 2. Summary of Alabama’s Survival Statutes In other words, unless a cause of action was filed before the claimant died, or is not an equitable one, one for breach of contract, or one for injuries to the repu *130 tation, it does not survive in favor…”
Robbins v. Sanders, 927 So. 2d 777 (Ala. 2005). “15 See § 6-5-464, Ala.Code 1975, providing for survival of unfiled equitable claims when `but for their [deceased persons'] death, [they] could have enforced such claims.”
Smith v. Wachovia Bank, N.A., 33 So. 3d 1191 (Ala. 2009). “[11] In the present case, although the main opinion states that it is remanding the cause to the trial court for further proceedings on Wachovia's claims for equitable relief, it is not clear to me which, if any, of the alleged claims would constitute separate, equitable claims…”
Ex parte Watters, 212 So. 3d 174 (Ala. 2016). “See § 6-5-464, Ala.Code 1975. We express no opinion concerning the merits of these arguments based on the materials before us.”
Alabama Kraft Co. v. Se. Ala. Gas, 569 So. 2d 697 (Ala. 1990). “Does Duff & Phelps' claim survive Smith's death by virtue of § 6-5-462, Code of Alabama 1975, and/or § 6-5-464, Code of Alabama 1975?" The following statement of facts accompanied the certified questions: "Defendant/Third-Party Plaintiff Duff & Phelps, Inc.”
L.F.B. v. K.M.M. ex rel. Sarris, 599 So. 2d 1179 (Ala. 1992). “Section 6-5-464(b) provides: *1182 “All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs or successors of deceased persons who, but for their death, could have enforced such claims or against…”
Pierce v. Pierce, 652 So. 2d 233 (Ala. 1994). “See Ala.Code 1975, § 6-5-464(b): “All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against…”
Ex Parte LFB, 599 So. 2d 1179 (Ala. 1992). “Section 6-5-464(b) provides: *1182 "All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs or successors of deceased persons who, but for their death, could have enforced such claims or against…”
— Ala. Code § 6-5-464(b) — 3 cases
L.F.B. v. K.M.M. ex rel. Sarris, 599 So. 2d 1179 (Ala. 1992). “Section 6-5-464(b) provides: *1182 “All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs or successors of deceased persons who, but for their death, could have enforced such claims or against…”
Pierce v. Pierce, 652 So. 2d 233 (Ala. 1994). “See Ala.Code 1975, § 6-5-464(b): “All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against…”
Ex Parte LFB, 599 So. 2d 1179 (Ala. 1992). “Section 6-5-464(b) provides: *1182 "All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs or successors of deceased persons who, but for their death, could have enforced such claims or against…”
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