6-8-20
Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented
foreigners. Whenever upon the settlement of an estate or upon the sale of lands for division
in any court of this state it is shown that any of the heirs, distributees, or other persons
entitled to share in the funds derived therefrom, whether adults or minors, are residents
and subjects of a foreign country and are not represented by counsel of their own employment,
the personal representative, judge of probate, clerk, or register who may have the custody
of said funds shall pay over the shares of such persons to the duly accredited consular officer
of such country within whose jurisdiction the said court is situated and obtain from him full
acquittance therefor. (Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)...

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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The
probate or circuit court or any judge thereof within the county shall have summary jurisdiction
upon complaint of an elector to determine the sufficiency of the petition and shall make such
order as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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45-10-82.20
Section 45-10-82.20 Mental Health Fund; filing fees. (a) The Probate Judge of Cherokee
County will charge a fee of two dollars ($2) for filing for record or for recording each and
every instrument, paper, writing, document, or decree in his or her office, including, but
not limited to, 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) By the tenth of the month following collection,
all funds so collected shall be paid by the probate judge into the Treasury of Cherokee County
and kept in a fund to be designated the Mental Health Fund. Expenditures from the fund shall
be for the benefit and furtherance of the mental health program in...
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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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12-13-22
Section 12-13-22 Requirement to redact, remove, etc., Social Security number or birthdate
on certain documents; electronic availability of records. (a) Before recording any document,
with the exception of federal and state tax liens, as public record with the probate court
that conveys any interest in real or personal property or purports to encumber an interest
in real or personal property, or any other document, including military discharge forms, that
is filed as a public record in the probate court, the person submitting the document for recordation
shall redact, remove, or otherwise make illegible any Social Security number appearing in
the document. Removal of the Social Security number shall be a condition to filing the document.
(b) Before recording any document, with the exception of federal and state tax liens, as public
record with the probate court that conveys any interest in real or personal property or purports
to encumber an interest in real or personal property, the...
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12-13-5
Section 12-13-5 Form, execution, return, etc., of letters testamentary, etc., and process
of probate court generally. All letters testamentary, of administration and of guardianship
and all process from the probate court shall be signed by the judge or his chief clerk, bear
the date of the day of issue and conform, as nearly as possible, to those used in other courts
in this state and shall be directed, executed and returned in like manner and under the same
penalties unless otherwise provided by law. (Code 1852, §675; Code 1867, §797; Code 1876,
§703; Code 1886, §796; Code 1896, §3375; Code 1907, §5433; Code 1923, §9595; Code 1940,
T. 13, §304.)...
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12-17-144
Section 12-17-144 Prior service credit. (a) Prior service credit may be obtained by
a clerk or register in office on October 1, 1976, for years served in the individual capacity
of clerk or register on a continuous basis. Prior service credit must either be for time served
as clerk or as register without allowance for service as both clerk and register; provided,
that prior service credit for each individual position may not be combined. A person seeking
to qualify as supernumerary clerk shall count only time served as clerk, and one seeking to
qualify as supernumerary register shall count only time served as register. Prior service
credit may also be obtained by a clerk or register for any years served in the capacity of
probate judge, provided such service as probate judge was continuous. If any person subject
to the provisions of this division shall seek to obtain prior service as either clerk or register,
he shall contribute to the Clerks' and Registers' Supernumerary Fund, State...
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36-14-13
Section 36-14-13 Acts and resolutions of Legislature - Distribution of additional copies,
and sale of surplus copies; electronic distribution. (a) The Secretary of State must also
transmit to the chair of the county commission and the judges of probate of each county, for
such judge, each member of the Legislature, clerk of any court of record, sheriff, and register
of the circuit court, one copy of each volume. The remaining copies must be sold as other
books and documents, the property of the state, at a price to be established by the Secretary
of State, and the proceeds thereof paid into the Treasury. (b)(1) In lieu of binding and distributing
copies of each volume of acts and resolutions as required under subsection (a), the distribution
may be made by electronic means, including the posting of the acts and resolutions on the
public website of the Secretary of State. (2) If the Secretary of State elects to distribute
copies of each volume of acts and resolutions by electronic means...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment
is for the recovery of money and the estate has no executor or administrator, execution shall
issue thereon in favor of the administrator ad litem for the use of the estate, and the money,
when collected, shall be paid by the officer to the judge of the probate court, or to the
clerk or register of the circuit or other court having jurisdiction, from which the execution
issued. The party against whom such decree or judgment is rendered may pay the same to such
judge, clerk or register, before the issue of execution, whose receipt to him therefor shall
be a full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code
1896, §354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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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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