26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear
and file accounts and vouchers on appointed day. If such conservator or personal representative
fails to appear and file his or her accounts and vouchers for settlement, any person having
an interest may appear and contest such account and the court must hear and determine such
contest and, whether such contest be made or not, must render a decree on such account which
has the force and effect of a decree rendered on a voluntary settlement by such conservator
or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code
1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-39.htm - 1K - Match Info - Similar pages

26-5-5
Section 26-5-5 Partial settlement - 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 of the charge against the conservator and of the credits allowed, which must be
entered of record. The account and vouchers must be recorded. (Code 1886, §2457; Code 1896,
§2342; Code 1907, §4432; Code 1923, §8205; Code 1940, T. 21, §132; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-5.htm - 904 bytes - Match Info - Similar pages

26-5-14
Section 26-5-14 Determination, allowance, etc., of conservator's and attorney's fees generally
- Final settlements. In the allowance of fees to conservators and their attorneys on final
settlement the court shall take into consideration such fees as may have been allowed and
paid to them prior to such final settlement, but such conservators shall be entitled to full
credit for any fees allowed and paid on any annual or partial settlement after notice given
as provided for in case of final settlements. (Acts 1936, Ex. Sess., No. 128, p. 90; Code
1940, T. 21, §141; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-14.htm - 923 bytes - Match Info - Similar pages

26-8-21
Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian
ad litem. Authority for such removal may be obtained on the application in writing, verified
by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which
show that the removal will advance the interests of the minor or ward. If application is made
by the minor or ward by next friend, a day must be appointed for the hearing, 10 days' notice
of which must be given the guardian or conservator by the service of process. If application
is made by the guardian or conservator, a day, not less than 10 days after the filing of the
application, must be appointed for the hearing and a guardian ad litem appointed to represent
the minor or ward, who must put in issue the facts stated in the application and require proof
thereof. (Code 1852, §§2031, 2035; Code 1867, §§2441, 2445; Code 1876, §§2796, 2802;
Code 1886, §2484; Code 1896, §2369; Code 1907, §4459; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-21.htm - 1K - Match Info - Similar pages

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.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-93.htm - 1K - Match Info - Similar pages

26-5-6
Section 26-5-6 Partial settlement - Presumption as to correctness upon final settlement; reexamination,
etc., of items of account. Upon the final settlement, a partial settlement must be taken and
presumed as correct, but any item of the account may be reexamined and, if, on reexamination,
it is found incorrect, the item must be disallowed or allowed only so far as its correctness
may appear. (Code 1886, §2458; Code 1896, §2343; Code 1907, §4433; Code 1923, §8206; Code
1940, T. 21, §133.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-6.htm - 818 bytes - Match Info - Similar pages

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).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-8-22.htm - 1011 bytes - Match Info - Similar pages

26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested
in the welfare of a person for whom a conservator has been appointed, any person interested
in the proper administration of the estate, or the court on its own motion, may file a petition
in the appointing court or the court to which the conservatorship has been transferred for
an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust; (3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting
other appropriate relief. (b) A conservator may petition the appointing court or the court
to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate
order. (d) If, on the hearing, it should appear...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-2A-144.htm - 1K - Match Info - Similar pages

26-3-8
Section 26-3-8 Giving of new bond by conservator upon application for discharge from liability
of surety - Required; effect of failure to give bond. Upon the application in writing of any
surety or sureties upon the bond of a conservator requesting to be discharged from future
liability as such surety or sureties or upon the application in writing of the personal representative
or of an heir or devisee of a deceased surety upon such bond requesting that the estate of
such deceased surety be discharged from future liability by reason of such suretyship, it
shall be the duty of the court to give such conservator notice of such application and to
require him or her, within 15 days after the service of the notice, to make a new bond. Upon
the failure to make such bond, such conservator shall be removed and his or her letters revoked
and upon such removal he or she shall make settlement of his or her conservatorship. Any number
of persons having the right to make application under this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-3-8.htm - 1K - Match Info - Similar pages

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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-18.htm - 1K - Match Info - Similar pages