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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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12-11-60
Section 12-11-60 Settlements of estates. (a) When any error of law or fact has occurred in
the settlement of any estate of a decedent to the injury of any party, without any fault or
neglect on his part, such party may correct such error by filing a complaint in the circuit
court within two years after the final settlement thereof. The evidence filed in the probate
court in relation to such settlement must be received as evidence in the circuit court, with
such other evidence as may be adduced. A failure to appeal from the decree of the probate
court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein
provided. (b) The limitations of subsection (a) of this section do not extend to infants or
persons of unsound mind who are allowed two years after the termination of their respective
disabilities, but in no case to exceed 20 years. (c) Errors of law or fact in the settlement
of accounts of guardians may be corrected in the circuit court according to...
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26-5-11
Section 26-5-11 Final settlement generally - Rendition and recordation of decree as to vouchers
and account; recordation of account and vouchers. After the examination of the vouchers and
the audit and statement of the account, the court must render a decree passing the same and
declaring the amount due the ward, if there be any amount due him or her, which must be entered
of record. The account and vouchers must be recorded. (Code 1886, §2463; Code 1896, §2348;
Code 1907, §4438; Code 1923, §8211; Code 1940, T. 21, §138.)...
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26-5-51
Section 26-5-51 Personal representative of conservator may be made party to settlement proceedings.
Should a personal representative of such deceased conservator be appointed at any time before
final decree, any party to the proceeding may on motion have such personal representative
of such deceased conservator made a party to such settlement on 10 days' notice. (Code 1923,
§5936; Code 1940, T. 21, §156; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-43
Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without state
or removes minor or ward from state - Settlement of conservatorship of conservator within
state. If such minor or ward has a conservator in this state appointed by the court or subject
to the jurisdiction of the court, an order must be made and entered requiring such conservator
to make a final settlement of this conservatorship. (Code 1876, §2801; Code 1886, §2492;
Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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43-2-512
Section 43-2-512 Contest of account - Showing of failure to discharge trust, etc. Upon final
settlement, any person contesting may also show that the executor or administrator has failed
to charge himself with or to account for all the assets of the decedent received by him, or
that he has failed to collect the same, or any portion thereof, or that by any abuse of, or
failure to discharge his trust, such assets or any portion thereof have been depreciated,
injured or destroyed. (Code 1852, §1824; Code 1867, §2160; Code 1876, §2532; Code 1886,
§2150; Code 1896, §218; Code 1907, §2679; Code 1923, §5912; Code 1940, T. 61, §308.)...
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45-44-84.21
Section 45-44-84.21 Schedule of fees. (a) In Macon County the judge of probate, in lieu of
the fees prescribed by the general law for the following services, shall charge and collect
for such services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar fifty cents ($1.50) per page for
will over five pages in length and for partial or final settlements in excess of 10 pages
in length shall be made $50 (2) Grant of letters of administration with three certified copies
of letters of administration $30 (3) Final settlement of administration of an estate when
not more than 10 pages when over 10 pages an additional charge of $1.50 per page $30 (4) Partial
or final settlement of guardianship $30 (5) Each additional certified copy of letters testamentary,
letters of administration, or letters of guardianship $ 2 (6)...
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19-3-36
Section 19-3-36 Time for settlement; notice to creditors. Upon the filing of such account the
register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to
hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to
each creditor, his agent or attorney and to the assignor. (Code 1896, §4168; Code 1907, §6070;
Code 1923, §10407; Code 1940, T. 58, §24.)...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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43-2-93
Section 43-2-93 Reducing amount of bond. Upon the filing of any partial settlement by the executor
under a will, or the administrator of the estate of a deceased person, in the court in which
such estate is pending, such executor or administrator may pray for a reduction in the amount
of his or her bond as a fiduciary, and thereupon the court must set a day for the hearing
of such partial settlement and must cause notices to be issued to all parties in interest
as is now provided by law for final settlements of such estates. And on the day set for hearing
the court may fix the amount to which the bond shall be reduced, which shall be determined
as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940, T. 61, §112.)...
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