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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