6-10-99
Section 6-10-99 Payment by devisees to clear property of homestead right. Where a homestead
right exists in property devised by will, the person or persons to whom said property is devised
may clear the said property of such homestead right by paying to the personal representative,
in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal
representative in all respects as provided in Section 6-10-96 where land incapable of allotment
is ordered to be sold. Said personal representative shall report the payment of said funds
and how he has disposed of same to the probate court having jurisdiction of said estate, which
report must be filed and recorded. (Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951,
No. 911, p. 1558, §1.)...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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18-1A-71
Section 18-1A-71 Commencement of condemnation action; venue. A condemnation action is commenced
by filing a complaint for condemnation with the probate court in the county in which the property
or any part thereof sought to be taken is located. (Acts 1985, No. 85-548, p. 802, §402.)...

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22-52-17
Section 22-52-17 Public facilities other than Department of Mental Health not required to perform
mental evaluations; exceptions. Notwithstanding any other language in this article, the following
limitations shall apply. No public facility other than the Department of Mental Health may
be required (as distinguished from authorized) by the probate court to perform any mental
evaluation of a person sought to be committed for use in any final commitment hearing except:
(1) In an emergency case wherein no other source or agency which is funded or mandated by
federal law, state law or both to provide such services is objectively capable of performing
such evaluation within the time limit imposed by law; or (2) In an emergency case wherein
no other source or agency operates to perform such evaluation in such emergency case, a public
hospital may be required to accept a person sought to be committed for the provision of hospital
care, if such person is admitted to the public hospital or other...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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26-13-8
Section 26-13-8 Recordation of foreign judgments relieving minors of disabilities of nonage
and effect thereof. A copy of a judgment entered by a court of competent jurisdiction of another
state of the United States, duly certified according to the acts of Congress of the United
States, relieving a minor nonresident of this state of the disabilities of nonage may be recorded
in the probate office of any county in this state where such minor owns property, and when
so recorded the judgment shall have the same force and effect throughout this state as in
the state where entered. (Acts 1909, No. 74, p. 228; Code 1923, §8287; Code 1940, T. 27,
§20.)...
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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Authorization generally. When the parent, guardian,
or other person having legal custody of a minor child or incapacitated person resides without
the state or removed with such child from the state, becoming a resident of another state,
the court of probate or the circuit court, having jurisdiction of the estate of the minor
or ward has authority to order the removal of the property of the minor or ward to a conservator
in the state of the residence of the parent, guardian, or other person having legal custody
of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907,
§4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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43-2-530
Section 43-2-530 Authorization to compel settlement. Any executor or administrator may be required
by citation to file his accounts and vouchers and to make a settlement, notwithstanding any
provision in any will or other instrument to the contrary; and, if after service of the citation,
he fails to file his accounts and vouchers for a settlement on the day named in the citation,
the probate court or other court having jurisdiction of the said estate may compel him to
do so by attachment or may proceed to state the account against him from the materials on
file or such other information as may be accessible, charging him with such assets as may
have come to his hands. (Code 1852, §1817; Code 1867, §2153; Code 1876, §2524; Code 1886,
§2155; Code 1896, §223; Code 1907, §2686; Acts 1919, No. 440, p. 566; Code 1923, §5919;
Code 1940, T. 61, §316.)...
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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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6-5-273
Section 6-5-273 Jurisdiction of courts. An action for recovery of damages and penalties under
this article may be brought in any court of competent jurisdiction, including the small claims
division of a district court in the county where the merchant is located, if the person or
the parent or legal guardian of the unemancipated minor who committed the theft offense fails
to make payment to the merchant of the amount specified in the demand within 30 days after
the date of service of the written demand upon him or her, if the total damages do not exceed
the jurisdictional limit of the small claims division. (Acts 1993, No. 93-676, §4.)...
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