Code of Alabama

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45-45-85.21
Section 45-45-85.21 Recording fee. (a) In Madison County, a special recording fee of four dollars
($4) shall be collected by the judge of probate on each real or personal property, uniform
commercial code, judicial, or other instrument recorded or filed for record in the probate
court of the county. The special recording fee shall be in addition to all other fees, taxes,
and other charges required by law to be paid upon the recording or filing for record of any
real or personal property, uniform commercial code, judicial, or other instrument. All special
recording fees collected shall be deposited by the judge of probate in any depository in the
county as designated by the county governing body. Notwithstanding the fee set by this section,
the county commission may adjust the fee from time to time by resolution of the commission
adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at...
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45-49-85.04
Section 45-49-85.04 Additional recording fee; methods of archiving court records. (a) In Mobile
County, a special recording fee of two dollars ($2) shall be collected by the judge of probate
on each real or personal property, uniform commercial code, judicial, or other instrument
recorded or filed for record in the probate court of the county. The special recording fee
shall be in addition to all other fees, taxes, and other charges required by law to be paid
upon the recording or filing for record of any real or personal property, uniform commercial
code, judicial, or other instrument. All special recording fees collected shall be deposited
by the judge of probate in any depository in the county as designated by the county governing
body. (b) The fees collected under this section shall be expended at the discretion of the
judge of probate for the preservation and restoration of court records and to develop, purchase,
install, upgrade, and maintain a computerized system for recording,...
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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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31-2A-72
Section 31-2A-72 (Article 72.) Vacation of suspension. (a) Before the vacation of the suspension
of a special court-martial sentence, which as approved includes a bad-conduct discharge, or
of any general court-martial sentence, the officer having special court-martial jurisdiction
over the probationer shall hold a hearing on an alleged violation of probation. The probationer
shall be represented at the hearing by military counsel if the probationer so desires. (b)
The record of the hearing and the recommendation of the officer having special court-martial
jurisdiction shall be sent for action to the officer exercising general court-martial jurisdiction
over the probationer. If the officer vacates the suspension, any unexecuted part of the sentence,
except a dismissal, shall be executed, subject to applicable restrictions in this code. (c)
The suspension of any other sentence may be vacated by any authority competent to convene,
for the command in which the accused is serving or...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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6-10-99
Section 6-10-99 Payment by devisees to clear property of homestead right. Where a homestead
right exists in property devised by will, the person or persons to whom said property is devised
may clear the said property of such homestead right by paying to the personal representative,
in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal
representative in all respects as provided in Section 6-10-96 where land incapable of allotment
is ordered to be sold. Said personal representative shall report the payment of said funds
and how he has disposed of same to the probate court having jurisdiction of said estate, which
report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951,
No. 911, p. 1558, §1.)...
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9-9-50
Section 9-9-50 Annexation of land to district. Any body of land, however large, contiguous
or adjacent to a water management district organized under this article may be annexed thereto
and made a part thereof, the same as if originally included therein, upon petition of one
third or more of the landowners owning 50 percent or more in acreage of the real property
to be annexed or upon the petition of one half or more of the owners of the real property
to be annexed owning more than one third of the area to be annexed. Such petition and all
the proceedings relative thereto shall conform as nearly as may be with the provisions of
this article for the filing of the petition for the organization of a water management district
and shall be filed with the court of probate having jurisdiction over the district to which
annexation is sought. Upon filing of such petition, the court shall direct the board of water
management commissioners of said district to cause surveys and a report to be made...
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12-11-40
Section 12-11-40 Proceedings on administration of estates in circuit court. In the administration
of estates in the circuit court in this state, such court, in the exercise of such jurisdiction,
shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary,
permit service by publication in the manner provided for publication in said rules, without
regard to any of the statutory requirements provided for administration of estates in the
probate court, and shall have power to appoint personal representatives in cases pending in
the circuit court in cases of vacancy. (Acts 1911, No. 536, p. 574; Code 1923, §6476; Code
1940, T. 13, §138.)...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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