Section 19-3-101Petition to enforce liability — Filing; substitution of parties.
The liability of the estate may be enforced by the party rendering such services, or by whom such repairs were made, or necessaries furnished, or by his assignee, or by the personal representative of either, by petition filed in the circuit court, against such trustee, executor or administrator, or, if his authority has terminated, against his successor in the trust or administration; which petition may be filed in the county of the residence of the defendant, or in the county in which such estate is situate or is being administered. If, pending a civil action, the petitioner dies or becomes disabled, or the authority of the trustee is terminated, there may be a substitution of parties, in accordance with the Alabama Rules of Civil Procedure.
(Code 1876, §3747; Code 1886, §3565; Code 1896, §4184; Code 1907, §6086; Code 1923, §10423; Code 1940, T. 58, §40.)
|