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26-2A-20
Section 26-2A-20 General definitions. As used in this chapter the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CLAIMS. In respect of a protected person, includes liabilities of the protected person, whether
arising in contract, tort, or otherwise, and liabilities of the estate which arise at or after
the appointment of a conservator, including expenses of administration. (2) CONSERVATOR. A
person who is appointed by a court to manage the estate of a protected person and includes
a limited conservator described in Section 26-2A-148(a). (3) COURT. A probate court of this
state. (4) COURT REPRESENTATIVE. A person appointed in a guardianship or protective proceeding
who is trained in law, nursing, or social work, is an officer, employee, or special appointee
of the court, and has no personal interest in the proceeding. (5) DISABILITY. Cause for a
protective order as described in Section 26-2A-130. (6) ESTATE. Includes...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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36-5-16
Section 36-5-16 Notification of district attorney of failure of public officer to file bond.
If any public officer required by law to give bond fails to file the same in the proper office
within the time prescribed, notice of such failure must be given by the officer in whose office
such bond is required to be filed, by or during the first two days of the session of the circuit
court held in the county in which the officer so failing resides next after such failure to
the district attorney of the circuit to which such county belongs. (Code 1852, §128; Code
1867, §167; Code 1876, §177; Code 1886, §272; Code 1896, §3086; Code 1907, §1499; Code
1923, §2611; Code 1940, T. 41, §48.)...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
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43-2-510
Section 43-2-510 Credit for expenses of minor distributees. (a) When the estate of a decedent
is solvent, the executor or administrator, out of the assets in his hands, may defray the
necessary and reasonable expenses of maintaining and educating minors who are entitled to
distribution therein, and who have no legal guardian; and, upon any partial or final settlement
by him, the probate court must allow him credit for such expenses. To the extent the expenses
are not within the family allowance, the expenses shall be charged against the shares of such
minors and deducted therefrom on any distribution of the estate. (b) An executor or administrator
defraying such expenses must file with his account for a settlement a separate account of
the amounts paid therefor on account of each of such minors accompanied by proper vouchers,
showing the amounts and for what expended. (Code 1876, §§2644, 2645; Code 1886, §§2159,
2160; Code 1896, §§227, 288; Code 1907, §§2676, 2677; Code 1923,...
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6-6-200
Section 6-6-200 Statement of assets - Notice to debtor to file; contents. After the return
of an execution issued by any court in this state upon a judgment against any person or persons
residing in this state, against a firm doing business in this state when a member or members
thereof reside in this state or against a corporation doing business in this state with the
endorsement upon such execution of "no property found," upon the written request
of the judgment creditor filed with the clerk or register, such clerk or register of such
court shall issue a notice to the person, firm, or corporation against whom such execution
shall have been so returned, requiring such person, persons, member or members of such firm
or corporation, through a duly authorized agent, to file in such court within 30 days from
the service of such notice a statement in writing, under oath, of all of the assets of such
person, firm, or corporation, including money, choses in action, notes, bonds, and accounts...
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11-52-53
Section 11-52-53 Appeals from compensation awards. Within 20 days after the approval of any
such report by the council, any person dissatisfied with the award of compensation therein
contained may file with the clerk of the council notice of appeal to the court of the county
in which the appellant's land is located having jurisdiction of actions by municipalities
to assess compensation for property taken or appropriated for public use for streets. Thereupon,
and within 10 days of such notice, the clerk of the council shall file with the clerk of said
court the report of the board of appraisers approved by the council, together with certified
copies of the resolution of the council and of the notice of appeal. Within five days thereafter
the appellant shall give and file with the clerk of said court an appeal bond, running to
the municipality, for such amount as may be fixed by the court, to secure the municipality
against the costs of the appeal in the event that appellant fails to...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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