12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where the judge of probate is required to be learned in the law, the administration of any estate may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at any time before a proceeding for final settlement thereof is commenced in probate court by any heir, devisee, legatee, distributee, executor, administrator, or administrator with the will annexed of the estate, without assigning any special equity. The circuit court shall remand the administration of an estate transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of an estate pursuant to this section to the probate court if the circuit court finds that any of the following apply: (1) The circuit court has issued a final order or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-11-41.1.htm - 1K - Match Info - Similar pages
26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-3.htm - 2K - Match Info - Similar pages
26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court. (Code 1923, §8102; Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2-2.htm - 1K - Match Info - Similar pages
45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority of judges of probate; procedures in administration of estates. (a) That the probate courts in all counties of this state which now have or may hereafter have a population of over 300,000 and less than 500,000, according to the last or any subsequent federal census, shall have general and equity jurisdiction concurrent with that of the circuit courts of this state, in the administration of the estates of deceased persons, minors, the developmentally disabled, insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust estates. The jurisdiction granted by this section shall be conferred without the necessity of the same being invoked in any estate proceeding and may be exercised at the discretion of the court. (b)(1) That the judges of the probate courts shall have the same powers and authority which judges of the circuit courts of this state have in connection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-85.60.htm - 5K - Match Info - Similar pages
22-52-10.8
Section 22-52-10.8 Order for involuntary commitment for inpatient treatment to be entered into Criminal Justice Information System and NICS; redaction of order upon removal of limitation to purchase firearm. (a) When the judge of probate of a county enters an order for the involuntary commitment of a person pursuant to Section 22-52-10.1, and the order is for a final commitment for inpatient treatment to the Department of Mental Health or a Veterans' Administration hospital, or as otherwise provided by law, the judge shall immediately forward the order to the Alabama Law Enforcement Agency and the order shall be entered in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice Information Center Commission shall provide. The Alabama Law Enforcement Agency shall as soon as possible thereafter enter the order in the National Instant Criminal Background Check System (NICS) and the information shall be entered into...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.8.htm - 3K - Match Info - Similar pages
40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue, and it shall have the power and authority, in addition to the authority now in it vested by law: (1) To have and exercise general and complete supervision and control of the valuation, equalization, and assessment of property, privilege, or franchise and of the collection of all property, privilege, license, excise, intangible, franchise, or other taxes for the state and counties, and of the enforcement of the tax laws of the state, and of the several county tax assessors and county tax collectors, probate judges, and each and every state and county official, board, or commission charged with any duty in the enforcement of tax laws, to the end that all taxable property in the state shall be assessed and taxes shall be imposed and collected thereon in compliance with the law and that all assessments on property, privileges, intangibles, and franchises in the state shall be made in exact...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2-11.htm - 11K - Match Info - Similar pages
12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-11-41.htm - 1K - Match Info - Similar pages
43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed. (b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-197.htm - 2K - Match Info - Similar pages
43-2-173
Section 43-2-173 Resignation and removal - Generally. (a) The general administrator may be removed for the same causes as other administrators. Such removal may be made by the judge of probate without notice, but the grounds thereof must be entered on the minutes of the court. (b) The resignation of the office of general administrator shall not operate to discharge the incumbent from the administration of any estate previously committed to his charge as such general administrator; but he may proceed, notwithstanding such resignation, to administer and finally settle the same, as if he had not resigned such office; and the sureties on his bond as general administrator shall be liable for every act of maladministration on such estate committed after his resignation, to the same extent as if he had not resigned; but he may be removed from the administration of such estate for any of the causes prescribed by law, or he may resign his administration thereon by leave of the probate court of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-173.htm - 1K - Match Info - Similar pages
26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable to the judge of probate conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of securities deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or any other assets or a mortgage of land. (b) The court may at any time reduce the bond of the conservator or require the conservator to provide additional or larger bond as may seem to be proper...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-139.htm - 2K - Match Info - Similar pages
|