Order Closing Estate Terminates Authority of Personal Representative

Hilyer v. Hilyer, [Ms. SC-2022-1054, June 16, 2023] __ So. 3d __ (Ala. 2023). The Court (Sellers, J.; Wise and Stewart, JJ., concur; Parker, C.J., and Cook, J., concur in the result) reverses and vacates the Chilton Circuit Court’s November 2022 judgment against Bill Hilyer arising from his failure to return items valued at approximately $100,000 to the estate of his late father, Bobby Gene Hilyer.

On September 15, 2021, the circuit court approved a final settlement of the estate and discharged the personal representative. Ms. **5-6. The Court holds that after September 15, 2021, the personal representative “no longer had the authority to take any further action on the estate’s behalf. Furthermore, because more than 30 days had elapsed since the entry of the September 15, 2021, judgment, the circuit court had no jurisdiction to enter ... the November 22, 2022, judgment; thus, they are void.” Ms. *7.

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