Code of Alabama

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26-5-33
Section 26-5-33 Final settlement generally - Authorization and procedure generally for compulsion
of settlement by conservator. On the termination of a conservatorship by the arrival of the
ward at full age by termination of the ward's incapacity or on the expiration of his or her
authority otherwise, the court of probate may issue process requiring the conservator to appear
at any time within 10 days after the service thereof, on a day named therein, and file his
or her accounts and vouchers for a final settlement. If the conservator resides without the
state, the court of probate may appoint a day for him or her to appear and file his or her
accounts and vouchers for a final settlement. (Code 1886, §2470; Code 1896, §2355; Code
1907, §4445; Code 1923, §8218; Code 1940, T. 21, §148; Acts 1987, No. 87-590, p. 975, §2-333(b).)...

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26-5-35
Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file
accounts and vouchers. If a conservator fails to obey any process requiring him or her to
appear and file his or her accounts and vouchers for a final or partial settlement, the court
of probate may, by attachment, compel his or her appearance and may, if on appearance he or
she refuses to file such accounts and vouchers or to show good cause for his or her omission,
imprison him or her for a period not exceeding six months. (Code 1886, §2472; Code 1896,
§2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal
representative, must file in the court of probate a full account of the conservatorship, accompanied
by the vouchers and verified by affidavit. Upon the filing of such account and vouchers, the
court must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-10
Section 26-5-10 Final settlement generally - Examination of vouchers and auditing and stating
of account; taxing of costs for contest or examination where voucher or items rejected. On
the day appointed or on any other day to which the settlement may be continued, the court
must proceed to examine the vouchers and to audit and state the account, requiring evidence
in support of all such vouchers or items of the account as may be contested or as may not
on examination appear to the court to be just and proper, such evidence to be taken by affidavit
or in any other legal mode. If any voucher or item be rejected, all costs accruing on the
contest or examination thereof must be taxed against the conservator or his or her personal
representative and not against the ward or his or her estate. (Code 1886, §2462; Code 1896,
§2347; Code 1907, §4437; Code 1923, §8210; Code 1940, T. 21, §137; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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26-5-36
Section 26-5-36 Statement of account by court upon failure of conservator or personal
representative to file accounts and vouchers after notice. If a conservator, after notice,
fails to file his or her accounts and vouchers for a final or partial settlement or if the
personal representative of a conservator, after notice, fails to file the accounts
and vouchers of his or her testator or intestate for final settlement, the court of probate
has authority to state an account against the conservator or against his or her personal
representative from the materials on file or of record in the court and from such evidence
as may be adduced, charging such conservator with all wherewith he or she is by law chargeable
and crediting him or her with all wherewith by law he or she ought to be credited. (Code 1886,
§2473; Code 1896, §2358; Code 1907, §4448; Code 1923, §8221; Code 1940, T. 21, §151;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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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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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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26-5-39
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).)...

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26-5-1
Section 26-5-1 Jurisdiction. The court of probate from which the appointment of a conservator
is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator.
(Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T.
21, §128; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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