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11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When the inhabitants
of an unincorporated community, which has a population of not less than 300, constituting
a body of citizens whose residences are contiguous to and all of which form a homogeneous
settlement or community, desire to become organized as a municipal corporation, they may apply
to the judge of probate of the county in which the territory is situated, or the greater portion
thereof if it is situated in two or more counties, for an order of incorporation, by a petition
in writing signed by not less than 15 percent of the qualified electors residing within the
limits of the proposed municipality and by the persons, firms, or corporations owning at least
60 percent of the acreage of the platted or unplatted land of the proposed municipality. No
platted or unplatted territory shall be included within the boundary unless there are at least
four qualified electors, according to government survey,...
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9-9-8
Section 9-9-8 Establishment of district - Jurisdiction of probate court in which petition filed.
The court of probate of the county in which said petition is filed shall thereafter maintain
and have original and exclusive jurisdiction coextensive with the boundaries and limits of
said district without regard to county lines for all purposes of this article; subject, however,
to the right of appeal to the circuit court of the county in which the petition is filed.
(Acts 1965, No. 685, p. 1246, §7.)...
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22-52-10.1
Section 22-52-10.1 Order entered where judge finds criteria met; dismissal of petition. (a)
If at the final hearing on a petition seeking to involuntarily commit a respondent, the probate
judge finds, based on clear and convincing evidence, that the respondent meets the criteria
for involuntary commitment, an order shall be entered for: (1) Outpatient treatment; or (2)
Inpatient treatment. The least restrictive alternative necessary and available for the treatment
of the respondent's mental illness shall be ordered. (b) The petition for involuntary commitment
shall be dismissed if the criteria for commitment is not proved. (Acts 1991, No. 91-440, p.
783, §11.)...
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22-52-11
Section 22-52-11 Retention of jurisdiction by probate court over person committed. The probate
court involuntarily committing a respondent shall retain jurisdiction over the respondent
concurrently with the probate court of the county in which the respondent is subsequently
located for so long as the respondent is subject to the commitment order, and the probate
court committing the respondent may hold any hearing regarding the respondent at any place
within the State of Alabama where the respondent may be located. (Acts 1975, No. 1226, p.
2562, §13; Acts 1977, No. 670, p. 1143; Acts 1991, No. 91-440, p. 783, §18.)...
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43-2-697.01
Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party administrator;
fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient
by filing a petition to appoint a third party administrator and issue letters of administration,
pursuant to the timing limitations of Section 43-2-43. (b) The petition shall contain all
of the following information: (1) The date the recipient died. (2) An explanation of why the
petition is filed in the proper court in accordance with Section 43-2-40. (3) A listing of
the recipient's personal and real property of which the Medicaid Agency is aware. (4) A listing
of the recipient's debts of which the agency is aware. (5) A listing of the recipient's possible
heirs, including contact information, if known, of which the agency is aware. (c) If the Medicaid
Agency is not aware of information listed in subsection (b), the agency shall describe each
piece of information that it lacks. (d) If the...
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39-7-5
Section 39-7-5 Summary proceedings for review, etc., of sufficiency of petition. The probate
or circuit court or any judge thereof within the county shall have summary jurisdiction upon
complaint of an elector to determine the sufficiency of the petition and shall make such order
as justice may require as to such sufficiency. Such summary proceeding shall be instituted
within 10 days after the petition is filed with the clerk or probate judge. (Acts 1935, No.
40, p. 72; Code 1940, T. 50, §21.)...
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45-49-91.04
Section 45-49-91.04 Certification of petition. The judge of probate, with assistance from the
revenue commissioner of the county, shall certify the accuracy of the petition within 30 days
of receipt in his or her office. If the accuracy of the petition cannot be certified, the
judge of probate shall return the petition to the person or persons submitting it to the probate
court, and shall notify the persons submitting the petition of the reason or reasons for returning
the petition and that no election will be called. If the petition is certified, the judge
of probate shall provide for a special election on the question within that district within
70 days from the date the petition was certified by the judge of probate. The judge of probate
shall certify no more than one petition for election per district during any calendar year
and no special election shall be held within the 12-month period since the previous special
election on this issue. (Act 2005-75, p. 111, § 5.)...
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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition
for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment
of members. Within 90 days after the adoption of the plan of water management, the secretary
of the board of water management commissioners shall prepare and transmit a certified copy
thereof to the court of probate of the county in which the district is organized, and at the
same time the board of water management commissioners shall file with said court of probate
a petition to appoint viewers to appraise the lands within and without said district to be
acquired for rights-of-way on the works of improvement of the district and to assess benefits
and damages according to all lands in the district and other property by reason of the execution
of the plan of water management. Within 30 days after the filing of such petition, the court
of probate shall by an order appoint a board of viewers...
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17-3-55
Section 17-3-55 Refusal of registration - Appeal. Any person to whom registration is denied
shall have the right of appeal, without giving security for costs, within 30 days after such
denial, by filing a petition in the probate court in the county in which he or she seeks to
register, alleging that he or she is a citizen of the United States over the age of 18 years
having the qualifications as to residence prescribed by law and entitled to register to vote
under the provisions of the Constitution of Alabama of 1901, as amended. Upon the filing of
the petition, the clerk of the probate court shall give notice thereof to the district attorney
authorized to represent the state in the county, who shall appear and defend against the petition
on behalf of the state. The registrars shall not be made parties and shall not be liable for
costs. An appeal will lie to the circuit court in favor of the petitioner if taken within
30 days from the date of the judgment pursuant to Section 12-22-20....
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45-8-84.01
Section 45-8-84.01 Additional fees - Marriage license; petition for adoption. (a) In addition
to all other costs, fees, and charges assessed pursuant to current applicable law in the Probate
Court of Calhoun County, a fee of thirty dollars ($30) shall be charged and collected for
each marriage license and for each petition for adoption filed in the probate court. The additional
fee shall be collected in the probate office at the time of the filing of an application for
marriage license or petition for adoption. The fees, after collection and deduction of an
administrative fee of ten dollars ($10) for the judge of probate and county commission, shall
be remitted to the Calhoun County Commission at the end of each calendar month or as is the
customary business practice in the probate office for all fees collected and distributed to
the county commission. Five dollars ($5) of the administrative fee shall be retained by the
judge of probate to be used for the operation of his or her...
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