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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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26-5-52
Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement
in probate court. In any case where a conservator shall die without having made a final settlement
of his or her conservatorship and a successor is appointed, such succeeding conservator or
ward or the cestui que trust may by petition to the court in which such estate is pending
have an order requiring the sureties on such bond to make settlement of such estate in the
court after 10 days' notice of the day fixed by the judge thereof. (Code 1923, §5937; Code
1940, T. 21, §157; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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28-4-278
Section 28-4-278 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Issuance of order for delivery of liquors and beverages, etc., to Alcoholic
Beverage Control Board or for restoration of same to place or person from which or from whom
seized upon entry of final judgment in proceedings under article. Whenever it shall be finally
decided that the liquors and vessels seized as provided in this article are forfeited and
ordered condemned, the judge or court entering final judgment of forfeiture shall issue to
the officer having said liquors and beverages and vessels and receptacles in custody a written
order directing him forthwith to deliver said liquors and beverages and vessels and receptacles
to the Alcoholic Beverage Control Board as provided in Section 28-4-273, except in the case
of nonfederal tax-paid liquors or beverages, which shall be publicly destroyed, and the officer
shall immediately thereafter make return of said order to the...
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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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36-12-21
Section 36-12-21 Proceedings for recovery of papers, property, etc., by successor to office
generally - Filing of complaint; issuance of order to person refusing, etc., to deliver papers,
etc., to show cause why delivery of same should not be compelled. If any person refuses or
neglects, after demand made, to deliver over any books, papers or property as required in
Section 36-12-20, his successor may make complaint thereof to the judge of the circuit court
or judge of the probate court of the county in which the person refusing resides; and, if
such officer is satisfied by the oath of the plaintiff and such other evidence as may be offered
that any such books, papers or property are withheld, he shall grant an order requiring the
person so refusing to show cause before him, on a day and at a place named in such order,
why he should not be compelled to deliver the same. (Code 1852, §155; Code 1867, §194; Code
1876, §207; Code 1886, §302; Code 1896, §3134; Code 1907, §1550; Code...
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40-10-27
Section 40-10-27 Fees. For each notice to a delinquent property owner to show cause why a decree
of sale should not be rendered, the judge of probate is entitled to a fee of $5 and for each
decree of sale, $5; the tax collector shall have $5 for serving each notice which may be given
by certified or registered mail with return receipt demanded, but for his attendance at court,
he shall receive no pay; but in case of appeal, the sheriff and the clerk of the appellate
court shall be entitled to the same fees as for services in like cases. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §274; Acts 1980, No. 80-630, p. 1087, §7; Acts 1990, No. 90-535,
p. 837, §1.)...
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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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31-2-112
Section 31-2-112 Ordering out of troops - Issuance of order by Governor; authority of local
civil authorities to order out troops. (a) Whenever there is an insurrection or outbreak of
a formidable character which has overawed, or threatens to overawe, the ordinary civil authorities,
or in cases of disaster, and the authorities in such county, city, or town, have attempted
and failed to quell the same by use of a posse comitatus, or it is apparent that such attempt
would be useless, the Governor on a certificate of such facts from any four conservators of
the peace in such county, city, or town, or from any circuit court judge, probate court judge,
sheriff, or justice of the Supreme Court, shall immediately order out such portion of the
National Guard or Militia as he may deem necessary to enforce the laws, and preserve the peace,
and the Governor may, when the urgency is great, order out such troops without any certificate
from either of the officers mentioned in this section, but in...
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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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