|
26-8-20
Section 26-8-20 Authorization generally. The court of probate or circuit court from which letters
of guardianship or conservatorship have issued has authority to order the removal to another
county of the person and property of a minor or ward if it is shown that such removal will
advance the interests of the minor or ward. (Code 1842, §2035; Code 1867, §2445; Code 1876,
§2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940,
T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-20.htm - 866 bytes - Match Info - Similar pages
43-6-6
Section 43-6-6 Decree against personal representative for failure to pay over proceeds. The
judge of probate may render decrees against such personal representative, in the name of the
state, for the money or proceeds of the property, under the provisions of this chapter, and
enforce the same as other decrees by the judge of probate against executors or administrators
are enforced. (Code 1852, §2069; Code 1867, §2461; Code 1876, §2856; Code 1886, §1941;
Code 1896, §1757; Code 1907, §3923; Code 1923, §7619; Code 1940, T. 16, §30.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-6-6.htm - 876 bytes - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-14.htm - 1K - Match Info - Similar pages
12-13-48
Section 12-13-48 Payment to probate judge of money due on decree upon settlement by executor,
administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability
for failure to perform duty. Money due on decrees for the payment of money rendered against
any executor, administrator or guardian on a partial or final settlement may be paid to the
probate judge, and it shall be his duty to pay over the same to the person entitled thereto
on demand upon proper proof of identity or authority; and, for failure to do so, he shall
incur a penalty in favor of the person entitled to the money of 10 percent damages, which,
together with the money received and interest thereon, may be recovered by civil action on
his bond. (Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907,
§5427; Code 1923, §9588; Code 1940, T. 13, §293.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-48.htm - 1K - Match Info - Similar pages
12-13-7
Section 12-13-7 Garnishments - Issuance, enforcement, etc., generally. The probate court may
issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees,
returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit
courts on judgments and may render judgments or decrees on the answers of such garnishees,
enforce the collection thereof by execution, as may be necessary, and try all collateral issues
that may grow out of the answers of such garnishees, both as to a contest of an answer or
a claim of an alleged transferee. (Code 1867, §802; Code 1876, §708; Code 1886, §797; Code
1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-7.htm - 1K - Match Info - Similar pages
17-16-61
Section 17-16-61 Appeals - Generally. In all contested elections before the judge of probate,
an appeal lies to the Supreme Court within 14 days after the rendition of the judgment. From
the judgment of the circuit court on the contest of an election of a judge of probate or sheriff
or any other officer mentioned in Section 17-16-56, an appeal lies to the Supreme Court within
14 days after the rendition of the judgment. (Code 1896, §1702; Code 1907, §476; Code 1923,
§566; Code 1940, T. 17, §252; §17-15-34; amended and renumbered by Act 2006-570, p. 1331,
§83.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/17-16-61.htm - 899 bytes - Match Info - Similar pages
22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-28.htm - 2K - Match Info - Similar pages
6-10-91
Section 6-10-91 Report of appraisers or commissioners - Appeal from decree on exceptions. From
the decree of the probate court pronounced on such exceptions, either party feeling aggrieved
may within 42 days appeal to the supreme court by filing a notice of appeal with the probate
court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure.
(Code 1876, §2841; Code 1886, §2559; Code 1896, §2089; Code 1907, §4216; Code 1923, §7939;
Code 1940, T. 7, §682.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-10-91.htm - 822 bytes - Match Info - Similar pages
12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-37.htm - 1K - Match Info - Similar pages
12-22-221
Section 12-22-221 Entry of order on court's minutes; dismissal if not prosecuted to term returnable.
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must
cause an entry of such order to be made on the minutes of the court at its next term, and
if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed
and no writ of error afterwards allowed. (Code 1876, §4986; Code 1886, §4518; Code 1896,
§4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-221.htm - 873 bytes - Match Info - Similar pages
|