10A-16-1.05
Section 10A-16-1.05 Contents and recordation of declaration of trust. (a) The written declaration
of trust may provide for the election of successor trustees in the event of the death, resignation,
and removal of a trustee and may provide for the amendment of the declaration of trust. The
declaration of trust may also contain other provisions regarding the operation and administration
of the business trust as may be necessary or desirable. (b) The declaration of trust shall
be delivered to the Secretary of State for filing, accompanied by the filing fee in the amount
prescribed by Chapter 1 for a certificate of formation. (Acts 1961, Ex. Sess., No. 251, p.
2263, §5; §19-3-64; amended and renumbered by Act 2009-513, p. 967, §318; Act 2020-73,
§10.)...
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19-3-64
Section 19-3-64 Contents and recordation of declaration of trust. The written declaration of
trust may provide for the election of successor trustees in the event of the death, resignation
and removal of a trustee and may provide for the amendment of said declaration of trust. The
declaration of trust may also contain such other provisions regarding the operation and administration
of the business trust as may be necessary or desirable. The declaration of trust shall be
recorded in the office of the judge of probate in the county in which its principal place
of business is located, and a recording charge of $15.00 shall be paid therefor, which shall
be in lieu of all other recording charges. (Acts 1961, Ex. Sess., No. 251, p. 2263, §5.)...

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26-8-24
Section 26-8-24 Settlement of conservatorship of former conservator and certification of transcript
thereof to probate court of county to which removal authorized. On the filing of such transcript,
the court must require the conservator of its appointment to make a final settlement of his
or her conservatorship; and when such settlement is made, the court must certify a transcript
thereof to the court of probate of the county to which the removal was authorized. (Code 1886,
§2487; Code 1896, §2372; Code 1907, §4462; Code 1923, §8235; Code 1940, T. 21, §107;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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26-8-46
Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents
- Transcript showing appointment as conservator of minor or ward in state of residence, etc.;
notice to resident administrator, guardian, etc.; entry of order authorizing removal of property
to state of residence. The conservator must produce a transcript from the records of a court
of competent jurisdiction, certified according to the act of Congress, showing that he or
she has been appointed conservator of the minor or ward in the state in which he or she and
the minor or ward reside and has duly qualified as such according to the laws thereof and
given bond, with surety, for the performance of his or her trust; and must also give 10 days'
notice to the resident executor, administrator, or conservator, if there is such, of the intended
application. Thereupon, if good cause is not shown to the contrary and the judge of probate
shall be satisfied, upon proof being made, that it will be for the...
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43-2-171
Section 43-2-171 Time delay for committing administration of estate. The administration of
an estate must not be committed to the general administrator or to the sheriff, except as
special administrator, until the death of the decedent has been known 40 days, nor until one
month after the death, resignation or removal of an executor or administrator previously appointed.
(Code 1852, §1682; Code 1867, §2002; Code 1876, §2364; Code 1886, §2030; Code 1896, §73;
Code 1907, §2539; Code 1923, §5761; Code 1940, T. 61, §138.)...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...

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26-2A-134
Section 26-2A-134 Notice. (a) On a petition for appointment of a conservator or other protective
order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person
to be protected has disappeared or is otherwise situated so as to make personal service
of notice impracticable, notice to the person must be given by publication as provided in
Section 26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section
26-2A-75 also apply. (b) Notice, as described in Section 26-2A-103, of any hearing on a petition
for an order subsequent to appointment of a conservator or other protective order must be
given to the protected person, any conservator of the protected person's estate, and any other
person as ordered by the court. (Acts 1987, No. 87-590, p. 975, §2-305.)...
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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his
or her death. Process of garnishment may issue from the court of probate upon such decrees
in like cases and manner as it may issue on judgments in courts of record and may, in like
manner, be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...

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26-2A-80
Section 26-2A-80 Proceedings subsequent to appointment; venue. (a) The court at the place where
the ward resides has concurrent jurisdiction with the court that appointed the guardian or
in which acceptance of a parental appointment was filed over resignation, removal, accounting,
and other proceedings relating to the guardianship. (b) If the court at the place where the
ward resides is neither the appointing court nor the court in which acceptance of appointment
is filed, the court in which proceedings subsequent to appointment are commenced in all appropriate
cases shall notify the other court, in this or another state, and after consultation with
that court determine whether to retain jurisdiction or transfer the proceedings to the other
court, whichever is in the best interest of the ward. A copy of any order accepting a resignation
or removing a guardian must be sent to the appointing court or the court in which acceptance
of appointment is filed. (Acts 1987, No. 87-590, p. 975,...
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