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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26-5-50
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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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice of
the appointment, stating the name of the deceased, the day on which letters were granted,
by what court, stating the county and notifying all persons having claims against the estate
to present the same within the time allowed by law or that the same will be barred. The notice
of appointment, (1) For actual notice as required in section 43-2-61(1), must be given as
soon as practicable after a creditor's identification is known; and (2) For publication notice
as required in section 43-2-61(2), must be given within thirty days from grant of letters.
(Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code 1896, §122;
Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No. 89-811, p. 1618,
§1.)...
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26-5-34
Section 26-5-34 Final settlement generally - Authorization and procedure generally for compulsion
of settlement by personal representative of conservator. On the death of a conservator, at
any time after the expiration of six months from the qualification of his or her personal
representative, such representative may be required, on 10 days' notice, such notice to be
given by the service of process, to appear and make settlement of the conservatorship of his
or her testator or intestate. (Code 1886, §2471; Code 1896, §2356; Code 1907, §4446; Code
1923, §8219; Code 1940, T. 21, §149; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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26-5-4
Section 26-5-4 Partial settlement - Examination of vouchers and auditing and stating of account;
taxing of costs for contest or examination where vouchers 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 by 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 personally. (Code 1886, §2456; Code 1896, §2341;
Code 1907, §4431; Code 1923, §8204; Code 1940, T. 21, §131; Acts 1987, No. 87-590, p. 975,
§2-333(b).)...
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30-3-198
Section 30-3-198 Notice of lien. (a) The state Title IV-D agency, by or through any employee,
agent, or representative, shall file a notice of a lien against any real or personal property
of any noncustodial parent who resides or owns property in this state and owes past due child
support payments under 42 U.S.C.A. Section 666(a) (4) as follows: (i) liens against any real
property shall be filed in the office of the judge of probate where the real property is located;
(ii) liens against personal property, other than personal property subject to a certificate
of title, shall be filed in the office of the Secretary of State in the records where Uniform
Commercial Code financing statements are filed; and (iii) liens against personal property
which is subject to a certificate of title shall be filed in the office of the Alabama Department
of Revenue on such forms as may be prescribed by the Department of Revenue and upon delivery
to the Department of Revenue of the outstanding certificate...
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10A-2-15.41
Section 10A-2-15.41 Authority of foreign corporation to act as fiduciary. REPEALED IN THE 2019
REGULAR SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE
SUPPLEMENT. (a) Any foreign corporation may act in this state as trustee, personal representative,
executor, administrator of any kind, guardian, conservator, or in any other like or similar
fiduciary capacity, whether the appointment is by law, will, deed, inter vivos trust, mortgage,
deed of trust, court order or otherwise, without the necessity of complying with any law of
this state relating to the qualification of foreign corporations to do business in this state
or the licensing of foreign corporations to do business in this state and notwithstanding
any prohibition, limitation, or restriction contained in any law of this state subject to
the following conditions: (1) The foreign corporation is authorized to act in a fiduciary
capacity, or capacities, in the state in which it is incorporated or, if...
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35-5A-2
Section 35-5A-2 Definitions. As used in this chapter, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) ADULT. An individual
who has attained the age of 21 years. (2) BENEFIT PLAN. An employer's plan for the benefit
of an employee or partner, or an individual retirement account. (3) BROKER. A person lawfully
engaged in the business of effecting transactions in securities or commodities for the person's
own account or for the account of others. (4) CONSERVATOR. A person appointed or qualified
by a court to act as general, limited, or temporary guardian of a minor's property or a person
legally authorized to perform substantially the same functions. (5) COURT. Circuit court.
(6) CUSTODIAL PROPERTY. a. Any interest in property transferred to a custodian under this
chapter and b. The income from and proceeds of that interest in property. (7) CUSTODIAN. A
person so designated under Section 35-5A-10 or a successor or...
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43-2-813
Section 43-2-813 Effect of order or decree of insolvency certified to other courts after judgment
or decree therein rendered. After judgment or decree has been rendered in any court against
an executor or administrator for any debt, damages or costs, if the estate is subsequently
declared insolvent, such personal representative may file a certified copy of the decree or
order of the probate court declaring such estate insolvent with the clerk or register of the
court in which such judgment or decree was rendered against the personal representative; whereupon,
it shall be the duty of such clerk or register to certify back to the probate court a copy
of such judgment or decree for payment in the probate court as other claims against insolvent
estates, after which no execution shall issue or be further enforced against such executor
or administrator or sureties personally by the court rendering such judgment or decree. (Code
1907, §2796; Code 1923, §6035; Code 1940, T. 61, §422.)...
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