Alabama § 6-2-41 - Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent.
Full text of Alabama Code of Alabama § 6-2-41 — Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent., with citation guidance and answers to common questions.
§ 6-2-41. Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged from the payment of all legal and equitable debts and obligations unless the persons, including minors and insane persons, owning such debts or benefited by said obligations shall within the time allowed by law, but in no event more than two years from the death of the deceased, file in the probate court of the county where said property is located a verified claim showing the nature and amount of said debts and obligations.
(b) Wherever there has been no executor or administrator appointed, then the person owning said debt or benefited by said obligation must, within three months after filing said claim, cause letters testamentary or of administration to be issued and proceed to subject said land to said debts or obligations.
(c) This section shall not apply to any lien which is expressly created or reserved in any conveyance which may be duly recorded in the probate court or probate office in the county in which the land is situated so as to give notice of said conveyance, nor to any judgments recorded as authorized.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 6-2-41
What does Code of Alabama § 6-2-41 cover?
Section 6-2-41 ("Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 6-2-41?
A common citation format is "Code of Alabama § 6-2-41" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 6-2-41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.