Code of Alabama

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26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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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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43-2-834
Section 43-2-834 Personal representative to proceed without court order; exception. A personal
representative shall proceed expeditiously with the settlement and distribution of a decedent's
estate, and except as otherwise specified by law or ordered by the court, shall do so without
adjudication, order, or direction of the court, but the personal representative may invoke
the jurisdiction of the court to resolve any questions concerning the estate or its administration.
(Acts 1993, No. 93-722, p. 1411, §5.)...
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19-3-23
Section 19-3-23 Failure of trustee to give bond; appointment of successor. If the trustee fails
for five days from and after the making of such order, to give such bond, the register or
clerk must make and enter an order removing him as a trustee, and may make and enter an order
appointing a successor, of whom bond, with sureties, payable and conditioned as provided in
Section 19-3-22 must be required. (Code 1886, §3552; Code 1896, §4155; Code 1907, §6057;
Code 1923, §10394; Code 1940, T. 58, §11.)...
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26-2-47
Section 26-2-47 Appointment of guardian for nonresident incapacitated person having property
within state - Authorization. The court of probate of a county in which an incapacitated person
residing without the state may have property, real or personal, requiring the care of a conservator,
may appoint a conservator for the property of such person which may be within this state if
such person has been declared an incapacitated person by a court having jurisdiction in the
state of his or her residence. (Code 1867, §2415; Code 1876, §2755; Code 1886, §2402; Code
1896, §2267; Code 1907, §4357; Code 1923, §8115; Code 1940, T. 21, §21; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date and granting of
continuances generally. If such information is filed in the circuit court, the judge of such
court shall make an order requiring the officer proceeded against to appear at a place and
on a day to be specified in the order and answer the information. The clerk of the court shall
issue a summons, in which shall be set forth a copy of the order, directed to any sheriff
of the state of Alabama, and which, together with a copy of the information, shall be served
on such defendant. Another day may be set and other summons issued as often as may be necessary,
and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886,
§4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...

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36-22-14
Section 36-22-14 Conveyance of money subject to further order or judgment of court to successor
by sheriff upon expiration of official term. The sheriff having in his hands at the expiration
of his official term any money held by him subject to the further order or judgment of any
court shall, on the demand of his successor in office, pay the same to him and on such payment
shall be discharged from further liability therefor. (Code 1876, §738; Code 1886, §818;
Code 1896, §3748; Code 1907, §5880; Code 1923, §10206; Code 1940, T. 54, §26.)...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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43-2-620
Section 43-2-620 Orders of distribution - Generally. On the final settlement of an estate,
the court may make such orders of distribution as may be necessary, and, on the confirmation
of the same, may render a decree thereon, and the property must be delivered according to
such decree; or, if there is money only to be divided, it may render a decree in favor of
each distributee entitled to the same, for his distributive share, against the executor or
administrator. (Code 1852, §1822; Code 1867, §2158; Code 1876, §2530; Code 1886, §2161;
Code 1896, §229; Code 1907, §2710; Code 1923, §5948; Code 1940, T. 61, §350.)...
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