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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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate
judge: (1) To issue all citations, letters testamentary, of administration and guardianship,
subpoenas, executions and all other process which is necessary for the exercise of his powers,
the jurisdiction of the court and the enforcement of its judgments, orders and decrees. (2)
To keep minutes of all his official acts and proceedings and, within three months thereafter,
to record the same in well-bound books. (3) To keep all the books, papers and records belonging
to his office with care and security, the papers arranged, filed and labeled so as to be of
easy reference and the books and records lettered and kept with general, direct and reverse
indexes, but, without the authority of the county commission, he shall not make new indexes.
(4) To keep constantly in his office a well-arranged docket, showing the date of the issue
and return of all process, the day set for the hearing, the kind of...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service
provided by the probate offices shall be charged and paid into the county treasury or to the
judge of probate as may be authorized or required by law: (1) Probate of will of not more
than five pages, whether contested or not, with three certified copies of letters and including
final settlement when not more than 10 pages. An additional charge of $3.00 per page for wills
over five pages in length and for final settlements in excess of 10 pages in length shall
be made ..... $45.00 (2) Grant of letters of administration with three certified copies of
letters of administration and including final settlement when not more than 10 pages (when
over 10 pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of
guardianship or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement
of guardianship or conservatorship ..... 15.00 (5) Each additional...
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12-13-3
Section 12-13-3 When courts deemed open for granting of letters testamentary, etc.,
and making of orders grantable as matter of course; limitation period for setting aside or
amendment of orders or decrees and reopening of cases. The probate court shall at all times
be considered as open, except on Saturdays, Sundays and holidays, with authority to do all
things needful in relation to granting letters testamentary or of administration or guardianship
and all matters pertaining thereto and making all other necessary orders which are grantable
as a matter of course. In all cases, any order or decree may be set aside or amended and the
case reopened within 30 days after the rendition thereof by the judge of the court in which
said decree was rendered or said order was made. (Code 1852, §673; Code 1867, §795; Code
1876, §701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts
1932, Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)...
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12-13-1
Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to
judgments, orders, etc., of probate courts. (a) The probate court shall have original and
general jurisdiction as to all matters mentioned in this section and shall have original
and general jurisdiction as to all other matters which may be conferred upon them by statute,
unless the statute so conferring jurisdiction expressly makes the jurisdiction special or
limited. (b) The probate court shall have original and general jurisdiction over the following
matters: (1) The probate of wills. (2) The granting of letters testamentary and of administration
and the repeal or revocation of the same. (3) All controversies in relation to the right of
executorship or of administration. (4) The settlement of accounts of executors and administrators.
(5) The sale and disposition of the real and personal property belonging to and the distribution
of intestate's estates. (6) The appointment and removal of guardians for...
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12-13-14
Section 12-13-14 Chief clerk of probate court - Powers generally; authority for performance
of official acts of chief clerk generally. (a) The chief clerk shall have the following powers:
(1) To issue letters testamentary, of administration and of guardianship, where there is no
contest. (2) To administer oaths relating to the business of the court and to take and certify
acknowledgments and proof of instruments authorized to be recorded. (3) To solemnize matrimony,
approve bonds and appoint guardians ad litem. (4) To admit wills to probate and record and
to pass and allow accounts of executors, administrators and guardians, where there is no contest.
(5) To do all other acts and things and perform all other duties, ministerial and judicial,
where there is no contest, that the probate judge may do and perform. (b) All of the official
acts of such chief clerk must be performed in the name of the probate judge, except when there
is a vacancy in that office. (Code 1852, §674; Code 1867,...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding
conservator, etc., by sureties on bond of conservator. In case of the death of a conservator
who has not made a final settlement of his or her conservatorship and when there shall have
not been granted letters of administration or testamentary on his or her estate, the sureties
on his or her official bond may proceed to make settlement of his or her administration of
the estate as conservator in the probate court having jurisdiction thereof by filing an account
and vouchers for final settlement with the succeeding conservator or cestui que trust or minors
and guardian ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative
or filing of petition under Section 43-2-692. (a) The personal representative, or person
filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division
10 of this article, shall give notice of his or her appointment, or the filing of a petition
in accordance with Section 43-2-692, to the Medicaid Agency. The notice shall include
all of the following information: (1) The full legal name of the deceased. (2) The date of
birth of the deceased. (3) The date of death of the deceased. (4) The Social Security number
of the deceased. (5) The marital status of the deceased at the time of death. (6) The name,
address, and phone number of the spouse of the deceased, if applicable. (7) The court in which
a probate estate has been opened. (8) The probate case number. (9) The date on which letters
testamentary or letters of administration were issued by the probate court. (10) The name,...

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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book,
as speedily as practicable the judge of probate shall issue a notice addressed to each person
against whom any unpaid taxes are assessed as shown by such book, substantially in the following
form: "State of Alabama, (give name of county) county, to (give name of taxpayer): The
tax collector has filed in my office a list of delinquent taxpayers, and of real estate upon
which taxes are due. You are reported as delinquent, and your tax amounts to (here give amount
of taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the
subsequent articles which are applicable to specific articles or divisions, and unless the
context otherwise requires, in this chapter, the following words shall have the following
meanings: (1) BENEFICIARY. As it relates to trust beneficiaries, includes a person who has
any present or future interest, vested or contingent, and also includes the owner of an interest
by assignment or other transfer and as it relates to a charitable trust, includes any person
entitled to enforce the trust. (2) CHILD. Includes any individual entitled to take as a child
under this chapter by intestate succession from the parent whose relationship is involved
and excludes any person who is only a stepchild, a foster child, a grandchild or any more
remote descendant. (3) COURT. The court having jurisdiction in matters relating to the affairs
of decedents. This court in Alabama is known as the probate court. (4) DAYS. That...
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