Code of Alabama

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45-35-83.20
Section 45-35-83.20 Additional filing fee. (a) The Judge of Probate of Houston County shall
charge a special additional filing fee of two dollars ($2) for filing or for recording each
and every instrument, paper, writing, document, or decree in his or her office including,
but not limited to, those related to: each personal property, Uniform Commercial Code statement,
each real estate, warranty deed, deed/executive deed, subordinate agreement, agreement, land
lease, partial release/release, affidavit, marriage license, official bond plat, oath of office,
bill of sale, custodian bond, declaration of trust, transfer, assignment, satisfaction, declaration
of vacation bond to indemnify, license pendens notice, order approving trustee bond, and excerpts
of minutes. (b) The month following collection, all funds so collected shall be paid by the
judge of probate into the treasury of Houston County. (c) This section is cumulative. Nothing
herein contained shall alter or change an existing law...
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45-6-82.20
Section 45-6-82.20 Fees. (a) In Bullock County, the judge of probate shall, in lieu of the
fees prescribed by the general law for the following services, charge and collect for his
or her services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar and fifty cents ($1.50) per page
for a will over five pages in length and for partial or final settlements in excess of 10
pages in length shall be made. ... $50 (2) Granting of Letters of Administration with three
certified copies of Letters of Administration. ... $50 (3) Final settlement of administration
of an estate when not more than 10 pages. When over 10 pages, an additional charge of one
dollar and fifty cents ($1.50) per page. ... $50 (4) Partial or final settlement of guardianship.
......
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45-35-83.21
Section 45-35-83.21 Additional filing fee - Excluding tag and license functions. (a) The Judge
of Probate of Houston County shall charge a special additional filing fee of three dollars
($3) for filing or for recording each and every instrument, paper, writing, or decree in his
or her office, including, but not limited to, those related to personal property, a Uniform
Commercial Code statement, each real estate, warranty deed, deed or executor deed, subordinate
agreement, agreement, land lease, partial release or release, affidavit, marriage license,
official bond plat, oath of office, bill of sale, custodian bond, declaration of trust, transfer,
assignment, satisfaction, declaration of vacation bond to indemnify, lis pendens notice, order
approving trustee bond, and excerpts of minutes. This special additional filing fee does not
apply to the filing and recording of instruments and papers used in the tag and license functions
of the probate office. (b) The month following collection,...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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35-4-52
Section 35-4-52 Petitions, decrees, or orders of bankruptcy. (a) A certified copy of the petition,
with or without the schedules thereto, of the decree of adjudication or of the order approving
the trustee's bond in bankruptcy proceedings under the provisions of the acts of the Congress
of the United States may be filed in the office of the judge of probate of every county in
this state where the bankrupt owns or has an interest in real property situated in said county,
and such filing shall constitute notice of such proceeding as may be provided by law. (b)
The judge of probate shall immediately file and record such certified copy in the lis pendens
record kept in his office, note on it and in the record the hour and date of the filing and
place and date of recording and index the same directly in the name of the bankrupt. (Acts
1953, No. 183, p. 236, ยงยง1, 2.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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28-2-1
Section 28-2-1 Procedure for elections to determine classification of counties as wet or dry
counties; laws applicable in dry counties. (a) In every county where a majority of the electors
voting in an election, called by the Governor to determine whether Chapter 3 of this title
shall be adopted in the county, vote "Yes," Chapter 3 and all of its provisions
shall be immediately put into operation in such county, but in every county where a majority
of the electors voting in the election vote "No," Chapter 3 shall not go into effect
in such county and all laws prohibiting the manufacture and sale of alcoholic liquors or beverages
now in force and effect in Alabama shall remain in full force and effect in every such county.
For the purpose of this chapter the term "wet county" shall mean any county which
by a majority of those voting voted in the affirmative in the election provided for in this
section, and "dry counties" shall be construed to mean all counties which by a majority
of...
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