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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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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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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint
a guardian or issue a protective order for a respondent if: (1) this state is the respondent's
home state; (2) on the date the petition is filed, this state is a significant-connection
state and: (A) the respondent does not have a home state or a court of the respondent's home
state has declined to exercise jurisdiction because this state is a more appropriate forum;
or (B) the respondent has a home state, a petition for an appointment or order is not pending
in a court of that state or another significant-connection state and before the court makes
the appointment or issues the order: (i) a petition for an appointment or order is not filed
in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed
by a person required to be notified of the proceeding; and (iii) the court in this state concludes
that it is an appropriate forum under the factors set forth in Section...
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12-15-115
Section 12-15-115 Original jurisdiction - Civil. (a) A juvenile court shall also exercise
original jurisdiction of the following civil proceedings: (1) Removal of disabilities of nonage
pursuant to Chapter 13 of Title 26. (2) Proceedings for judicial consent for a person under
the respective legal age to marry, to be employed, withdraw from school, or enlist in military
service when this consent is required by law. (3) Proceedings for the commitment of a minor
or child with mental illness or an intellectual disability to the Department of Mental Health,
as provided in Article 4 (commencing with Section 12-15-401). (4) Proceedings for the
adoption of a child when these proceedings have been transferred from probate court as provided
by law. (5) Proceedings for waiver of parental consent for a minor to have an abortion pursuant
to Chapter 21 of Title 26. (6) Proceedings to establish parentage of a child pursuant to the
Alabama Uniform Parentage Act, Chapter 17 of Title 26. (7)...
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23-1-282
Section 23-1-282 Nonconforming signs - Just compensation - To whom paid; agreements;
civil actions. (a) Compensation required under the provisions of Sections 23-1-280 and 23-1-281
shall be paid to the person or persons entitled thereto. If the director and the owner or
owners reach an agreement on the amount of compensation payable to such owner or owners in
respect to any removal or relocation, the director may pay such compensation to the owner
or owners and thereby acquire or terminate his rights or interest as by purchase; provided,
that any sign, display or device lawfully in existence along the interstate system or the
federal-aid primary system on February 10, 1971, which is not in conformity with the provisions
contained in this division shall not be required to be removed until just compensation has
been paid therefor. Notwithstanding any other provision of this division, no sign, display
or device otherwise required to be removed under this division, for which just...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except
as provided by subsection (e), an incapacitated person or any person interested in the welfare
of the incapacitated person may petition for appointment of a limited or general guardian.
(b) After the filing of a petition, the court shall set a date for hearing on the issue of
incapacity so that notices may be given as required by Section 26-2A-103, and, unless
the allegedly incapacitated person is represented by counsel, appoint an attorney to represent
the person in the proceeding. The person so appointed may be granted the powers and duties
of a guardian ad litem. The person alleged to be incapacitated shall be examined by a physician
or other qualified person appointed by the court who shall submit a report in writing to the
court. The person alleged to be incapacitated also shall be interviewed by a court representative
sent by the court. The court representative also shall interview the person who...
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11-47-69
Section 11-47-69 Care, etc., of lands, etc., in which remains reinterred. Whenever any
cemetery corporation or association having a board of directors or other governing body shall
have caused the removal from any cemetery or part thereof owned by it or under its charge
or control the human remains therein interred and said cemetery corporation or association
shall have funds in its treasury which are not required for other purposes of said corporation,
said corporation shall have power to set aside, invest, use, and apply from such unexpended
funds such sum as, in the judgment of the directors of said corporation, shall be necessary
or expedient to provide for the perpetual or other care or improvement of any lands or mausoleum
or columbarium or part thereof in which said remains may be reinterred or deposited; provided,
however, that in lieu of itself investing, using or applying said funds for the purposes in
this section specified, said cemetery corporation may transfer said funds...
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45-37-140.14
Section 45-37-140.14 Abolition of district. (a) Any district created hereunder may be
abolished in the manner provided for in this section; provided, however, that no district
shall be abolished when it has any indebtedness. (1) Upon the petition for abolition of a
district, conforming to the requirements set forth below, being filed with the judge of probate,
he or she shall order an election on abolition of the district to be held in the district
with the time provided for by Section 45-37-140.04 unless the petition is submitted
less than one year before the next scheduled primary, primary runoff, or a general election
in which case the election shall be held at the next scheduled primary, primary runoff, or
a general election, at which qualified electors residing within the district shall be entitled
to vote. The number of qualified electors residing in the district signing the petition shall
not be less than the smaller of these two numbers: 500, or a number equal to 10 percent of...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge
of any circuit court or district court having reason to believe that the testimony of any
convict serving a sentence in the penitentiary or to hard labor for the county is necessary
in any criminal prosecution for the state and that other evidence cannot be obtained on behalf
of the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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