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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...
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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...
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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...
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45-49-85.60
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 with the administration of estates in the circuit courts, including, but
not limited to, the authority to (i) grant private sales of property, (ii) determine title
and/or ownership of assets, real, personal, or mixed, (iii) authorize, order, and direct
paternity testing where there is a question concerning a parent-child relationship, and (iv)
determine heirship. (2) That the chief clerks of the probate courts, appointed pursuant to
statute, shall have the same powers and authority and may do all acts and things and perform
all other duties ministerial and judicial, where there is no contest, that the probate judges
may do and perform under this section. (c) That all laws of pleading and...
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22-52-10.8
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 the NICS Index Denied
Persons File. The records maintained pursuant to this section shall only be used for purposes
of determining eligibility to purchase or transfer a firearm. Information furnished shall
not include confidential medical or treatment records, confidential tax or financial data,
library records, or other personal information. (b) Any person who has been adjudicated
mentally deficient or committed to a mental institution and who is subject to the firearm
disabilities of 18 U.S.C. Section 922 (d)(4) and (g)(4), and who is subject to the firearm
disabilities of Sections 13A-11-72 and 13A-11-75, because he or she has been determined by
law or legal process to be of unsound mind, may petition the district court for a civil review
of the person's mental capacity to purchase a firearm. The petitioner may...
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40-2-11
be borne by every kind of property in this state and to ascertain the proper amount of license,
privilege, excise, corporation, franchise, income, or ad valorem taxes. b. To require reporting
of retail sales and customer notification, within constitutional limitations, when the seller
does not collect sales, use, or simplified sellers use tax on Alabama sales transactions,
and to provide for penalties pursuant to Section 40-2A-11. c. To require reporting of rental
transactions of tangible personal property as defined in Section 40-12-220, when the
property is classified as Class II or Class IV property under Section 40-8-1, by persons facilitating
the transactions and to require notifications to the lessor when the lessor has not furnished
evidence that it has acquired a license as required under Section 40-12-221, and to provide
for penalties pursuant to Section 40-2A-11. (8) To cause the deposition of witnesses residing
within or without the state to be taken upon such notice to...
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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.)...
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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...
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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...
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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...
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