26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or...
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35-6-61
Section 35-6-61 Sale instead of partition - Evidence. Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition. (Code 1867, §3123; Code 1876, §3517; Code 1886, §3256; Code 1896, §3181; Code 1907, §5225; Code 1923, §9325; Code 1940, T. 47, §213.)...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff's guardian. (2) A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor agent appointed under the plaintiff's validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney. (5) A health care proxy appointed under the plaintiff's...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall: (1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years. (2) Be admitted to the practice of law in Alabama. (3) Be an active member in good standing of the Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge of a case under this chapter only if all of the following occur: (1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment. (2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction. (3) The case...
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26-5-30
Section 26-5-30 Partial settlement generally - Authorization and procedure generally. The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement of his or her conservatorship. The conservator must have notice of such requirement 10 days before the day appointed for his or her appearance by service of process and may appear and show, if he or she can, that such settlement is not necessary. (Code 1886, §2467; Code 1896, §2352; Code 1907, §4442; Code 1923, §8215; Code 1940, T. 21, §145; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-22
Section 26-8-22 Hearing; entry of order authorizing removal or dismissal of application and taxing of costs against applicant. If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or the next friend, as the application may be made by the one or the other, must be taxed with the costs. (Code 1852, §2031; Code 1867, §2441; Code 1876, §2796; Code 1886, §2485; Code 1896, §2370; Code 1907, §4460; Code 1923, §8233; Code 1940, T. 21, §105; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile court clerk, or their employees, with responsibility for docketing or otherwise carrying out the court's clerical duties in regard to domestic relations matters, support and nonsupport cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile or family court division of the circuit or district court in the county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found and, in the case of a petition seeking a divorce or legal separation, a petition seeking a modification of support previously ordered under a divorce decree or a petition seeking a contempt citation for failure to pay support previously ordered under a divorce decree, the circuit court or the domestic...
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17-8-3
Section 17-8-3 When officers ineligible to serve on appointing board. When the judge of probate, sheriff, or clerk of the circuit court is a candidate for election to any office at that election and has opposition named on the ballot, he or she shall not serve on the appointing board. The judge of probate, as the chief election official for the county, shall certify to the qualified members of the appointing board the fact of the candidacy of any member of the appointing board immediately after the certificate of nomination, or petition, as provided in Section 17-9-3, is filed. (Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §41.)...
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18-2-19
Section 18-2-19 Appeal from assessment of damages to circuit court. From any assessment of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to an appeal, as matter of right, to the circuit court of the county, and on such an appeal to a trial de novo by jury, such appeal to be taken within 20 days after the application is granted, on giving security for the costs of the appeal, to be approved by the judge of probate. Upon the giving of such security, the judge of probate must file in the office of the clerk of the circuit court a full and complete transcript of all the proceedings, including the inquest of the jury, within 10 days after such appeal is taken. (Code 1886, §3206; Code 1896, §1748; Code 1907, §3909; Code 1923, §7528; Code 1940, T. 19, §54.)...
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23-1-279
Section 23-1-279 Nonconforming signs - Removal and payment of compensation generally. (a) Signs outside of business areas which are lawfully in existence on February 10, 1972, but which do not conform to the requirements in this division, are declared nonconforming and, subject to Sections 23-1-280, 23-1-281, and 23-1-282, shall be removed by the sign owner and/or property owner under agreement with the director, or under the authority of the director, upon agreement between the parties as to just compensation. In the event no agreement can be reached as to just compensation, the sign shall be removed and payment made therefor through petition filed in probate court in accordance with Section 23-1-282. Outdoor advertising signs, displays, or devices with the purpose of their message being read from the main-traveled way of any interstate highway or primary highway erected prior to April 11, 1978, outside of an urban area and beyond 660 feet of the edge of the right-of-way of such...
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