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12-22-20
Section 12-22-20 Final judgments, orders, or decrees generally. An appeal lies to the circuit
court or Supreme Court from any final decree of the probate court, or from any final judgment,
order or decree of the probate judge; and, in all cases where it may of right be done, the
appellate court shall render such decree, order or judgment as the probate court ought to
have rendered. (Code 1867, §2247; Code 1876, §3957; Code 1886, §3640; Code 1896, §457;
Code 1907, §2855; Code 1923, §6114; Code 1940, T. 7, §775.)...
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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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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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11-42-51
Section 11-42-51 Canvassing of returns; entry, recordation, etc., of orders, maps, etc., as
to annexation of territory. The judge of probate must canvass the returns as made by the inspectors
and if it appears that a majority of the votes cast at the election were "for annexation"
the judge shall make and enter an order on the records of the probate court adjudging and
decreeing the corporate limits of the city to be extended so as to embrace the territory described
in the resolution and designated on the plat or map attached to the resolution, and must cause
the certified resolution and all orders or decrees or judgments to be recorded in the records
in his office and must also cause the map or plat to be recorded in the map records in his
office, and from the time of the entry of such order such territory shall be a part of and
within the corporate limits of the city with the limitations, rights, powers, and privileges
set forth in this article. If it appears that a majority of the...
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11-42-71
Section 11-42-71 When property adjudged subject to taxation becomes liable for payment of taxes;
recordation of resolution, map, orders, etc., of probate judge, etc. (a) All property adjudged
to be subject to city taxation under the provisions of this article shall be liable for the
payment of taxes to the city from and after the commencement of the city tax year commencing
next after the time of the passing of the resolution by the board of aldermen or governing
body of the city embracing the property adjudged to be subject to city taxation. (b) The judge
of probate shall cause to be recorded in the records of his office the certified copy of the
resolution filed with him, together with map attached, and all orders and decrees or judgments
rendered by him and the certificate of the clerk of the circuit court filed with him in any
appealed cause, but the said map is to be recorded in the map records as provided in this
article. (Code 1907, §1104; Code 1923, §1798; Code 1940, T. 37,...
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12-2-37
Section 12-2-37 Forfeiture by judge failing to order or attend special session of court, etc.
For any failure of a judge to order such special session of court or to attend any such court
after having called the same or, having been notified by the Chief Justice, to attend and
to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without
a lawful excuse, either being sick himself or having sickness in his family or being engaged
in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00
to the state, to be recovered in the circuit court of Montgomery County, on motion of the
Attorney General, in the name of the state on 10 days' notice. (Acts 1915, No. 521, p. 592;
Code 1923, §10302; Code 1940, T. 13, §44.)...
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43-2-170
Section 43-2-170 Appointment and duties generally; term of office. Each judge of probate must
appoint a suitable person as a general administrator within his county, who must take charge
of the estates of deceased persons or act as special administrator, in those cases in which
no other persons entitled thereto will administer and no other person is appointed by the
court. His office shall expire with the expiration of the term of the judge who appointed
him. (Code 1852, §1680; Code 1867, §2000; Code 1876, §2362; Code 1886, §2027; Code 1896,
§69; Code 1907, §2535; Code 1923, §5757; Code 1940, T. 61, §134.)...
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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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36-22-3
Section 36-22-3 Duties generally. (a) It shall be the duty of the sheriff: (1) To execute and
return the process and orders of the courts of record of this state and of officers of competent
authority with due diligence when delivered to him or her for that purpose, according to law.
(2) To attend upon the circuit courts and district courts held in his or her county when in
session and the courts of probate, when required by the judge of probate, and to obey the
lawful orders and directions of such courts. (3) To, three days before each session of the
circuit court in his or her county, render to the county treasury or custodian of county funds
a statement in writing and on oath of the moneys received by him or her for the county, specifying
the amount received in each case, from whom and pay the amount to the county treasurer or
custodian of county funds. (4) To, with the assistance of deputies as necessary, ferret out
crime, apprehend and arrest criminals and, insofar as within their...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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