43-2-29
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
(a) If, after letters of administration have been granted as in case of intestacy, any will
is proved and the executor therein named appears, claims letters testamentary and complies
with the requisition of the law, the probate court having jurisdiction must revoke the letters
of administration and grant letters testamentary to such executor. (b) If, in the case provided
for by subsection (a), the sole executor or some of the executors, within five days after
the proof of such will, do not appear and take out letters testamentary thereon, a copy of
the will must be annexed to the letters of administration and must be executed by the administrator.
(Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886
§§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740;
Code 1940, T. 61, §§78, 79.)...
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43-2-468
Section 43-2-468 Sale or division of land received on compromise. Real estate received by an
executor or administrator in payment of any bad or doubtful claim, on a compromise of such
claim made under an order of the probate court, may be distributed by the court having jurisdiction
of the estate, by sale or division, upon the same proceedings as are had for the sale or division
of real estate of decedents; but such real estate, or the proceeds thereof, if sold, must
otherwise be treated and distributed as personal property. (Code 1867, §2132; Code 1876,
§2507; Code 1886, §2132; Code 1896, §187; Code 1907, §2652; Code 1923, §5882; Code 1940,
T. 61, §276.)...
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43-2-481
Section 43-2-481 Application for sale. The application for the sale of lands for the payment
of legacies must be made by the executor by petition, verified by affidavit, to the probate
court having jurisdiction of the estate. It must describe the lands accurately and give the
names of the devisees and their places of residence and must state whether any and which such
devisees are under the age of 19 years or of unsound mind, and must also show that the lands
prayed to be sold are charged or chargeable, expressly or by necessary implication, with the
payment of pecuniary legacies, and that no power is given the personal representative to sell
the lands for such purpose. (Acts 1923, No. 481, p. 632; Code 1923, §5884; Code 1940, T.
61, §278.)...
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43-2-600
Section 43-2-600 When matters of controversy may be referred to arbitration. On the settlement
of the estate of a decedent, when such estate is free from debt, the probate court in which
such settlement may be pending has authority to refer all matters of controversy arising in
such settlement to arbitration, if, in the opinion of the court, the interests of the parties
can be best subserved thereby and the parties, or their attorneys, consent thereto. (Code
1867, §2169; Code 1876, §2541; Code 1886, §2183; Code 1896, §251; Code 1907, §2702; Code
1923, §5940; Code 1940, T. 61, §342.)...
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9-9-18
Section 9-9-18 Board of water management commissioners - Auditing of district accounts; annual
report; notice of reports and annual meeting. On or before August 1 of each year, the board
of water management commissioners of any district organized under this article shall have
the accounts of the district audited, and it shall file with the court of probate having jurisdiction
thereof the auditor's report showing the receipts and disbursements of the district for the
preceding calendar year ending June 30 as well as its statement of the character of the work
accomplished during such year and a general statement of the plans and purposes of the board
of water management commissioners for the succeeding year. The commissioners shall give notice
by publication as provided in this article that the auditor's report and the annual report
of the board of water management commissioners is on file with the court and that the board
of water management commissioners will hold its annual meeting in...
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11-51-157
Section 11-51-157 Appeal from judgment of circuit court. The laws of Alabama governing appeals
from money judgments entered by the circuit court shall govern and control appeals taken under
this division, except the Supreme Court of Alabama shall have jurisdiction thereof and except
that the appeal shall be perfected within 42 days from the entry of a final judgment. Any
permanent injunction shall remain in full force and effect unless the respondent executes
a supersedeas bond to stay the execution of the judgment. (Acts 1936-37, Ex. Sess., No. 152,
p. 169; Code 1940, T. 37, §767.)...
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43-2-421
Section 43-2-421 Stock in trade. (a) When any person engaged in mercantile business dies, leaving
a stock of goods, wares and merchandise, and leaving no surviving partner in such business,
the executor or administrator of his estate may sell such stock or goods, wares or merchandise,
either at public or private sale, by wholesale or retail, upon first obtaining an order for
such sale, as provided in subsection (b) of this section, from the probate court having jurisdiction
of the estate. (b) To obtain such order, the executor or administrator must file in such court
an application in writing, verified by his oath, setting forth with reasonable certainty the
kind, quantity and estimated value of such goods, wares or merchandise, and any facts or circumstances
that may render it necessary or expedient to sell the same; and if it should appear to the
court that it would benefit those interested in the estate that such order should be made,
the court must make the same, and may, in its...
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43-2-508
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit
court or officer of any other court in Alabama having jurisdiction of partial or final settlement
of estates of deceased persons shall be authorized to satisfy any claim legally filed against
such estates and recorded in the solvent docket book in the office of the probate court, when
satisfied from the evidence presented on a partial or final settlement that such claims have
been paid. Such satisfaction shall have the effect of notifying all interested parties that
evidence of payment of such debt has been filed in the court. For each such satisfaction,
the officer shall be paid a fee of $.25. A cancelled check for the amount claimed, properly
endorsed by the claimant, may be considered as proof of the payment of such claim, and further
proof of payment shall not be required. (Acts 1939, No. 68, p. 109; Code 1940, T. 61, §303;
Acts 1975, No. 1222, §1.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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45-30-82.21
Section 45-30-82.21 Definitions. The following words and phrases, including the plural of any
thereof, whenever used in this subpart, shall have the following respective meanings: (1)
GENERAL PROPERTY INSTRUMENT. A real property instrument that affects the title to personal
property as well as real property. (2) IMPROVED RECORDING SYSTEM. A system of recording, archiving,
and retrieving real property, personal property instruments, and probate court documents under
the jurisdiction of the judge of probate, and in the discretion of the judge of probate, or
recording, archiving, and retrieving other instruments and documents, which system when completed,
shall consist of equipment necessary and suitable to record, archive, and retrieve records.
(3) PERSONAL PROPERTY INSTRUMENT. Any instrument or document affecting the title to personal
property only, as distinguished from real property, that may be now or hereafter titled for
record in the probate office, in accordance with the...
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