26-8-20
Section 26-8-20 Authorization generally. The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county of the person and property of a minor or ward if it is shown that such removal will advance the interests of the minor or ward. (Code 1842, §2035; Code 1867, §2445; Code 1876, §2802; Code 1886, §2483; Code 1896, §2368; Code 1907, §4458; Code 1923, §8231; Code 1940, T. 21, §103; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-23
Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator as to recovery, receipt, etc., of property of minor or ward. If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be made and certified and filed in the court of probate of the county to which the removal is to be made. Upon the filing of such transcript, such court has jurisdiction to grant guardianship or conservatorship of the person or conservatorship of property of the minor or ward, and on such grant being made and a transcript thereof, duly certified, being filed in the court of probate authorizing the removal, such removal may be made. The conservator so appointed has full authority to demand, recover, and receive the property of the minor or ward from and after the making of the removal. (Code 1886, §2486;...
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26-8-40
Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Authorization generally. When the parent, guardian, or other person having legal custody of a minor child or incapacitated person resides without the state or removed with such child from the state, becoming a resident of another state, the court of probate or the circuit court, having jurisdiction of the estate of the minor or ward has authority to order the removal of the property of the minor or ward to a conservator in the state of the residence of the parent, guardian, or other person having legal custody of the minor or ward. (Code 1876, §2800; Code 1886, §2489; Code 1896, §2374; Code 1907, §4464; Code 1923, §8237; Code 1940, T. 21, §109; Acts 1949, No. 128, p. 154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court. (Code 1923, §8102; Acts...
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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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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding for final settlement thereof is commenced in probate court by the guardian or conservator of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone entitled to support out of the estate of the ward without assigning any special equity. The circuit court shall remand the administration of a guardianship or conservatorship transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of a guardianship or...
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26-8-44
Section 26-8-44 Removal of property or money when minor or ward and conservator nonresidents - Authorization generally. When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or is or will be entitled to any money from any estate, the administration of which is pending in this state, whether such estate shall or shall not have been finally settled, and the money or property may be removed to another state without conflict with any restriction or limitation thereupon and without impairing the right of the minor or ward thereto, such money and property may be received and removed to the state of the residence of the minor or ward upon application of the conservator to the judge of probate of the county in which the property of the minor or ward or the principal part thereof may be or in which such administration may be pending in the manner following. (Code 1852, §2032; Code 1867, §2442; Code 1876, §2797; Code...
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26-8-25
Section 26-8-25 Jurisdiction of guardianship not affected where removal of property only authorized. If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected, and it must retain jurisdiction of the guardianship as if such removal had not been authorized. (Code 1886, §2488; Code 1896, §2373; Code 1907, §4463; Code 1923, §8236; Code 1940, T. 21, §108.)...
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26-8-43
Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Settlement of conservatorship of conservator within state. If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order must be made and entered requiring such conservator to make a final settlement of this conservatorship. (Code 1876, §2801; Code 1886, §2492; Code 1896, §2377; Code 1907, §4467; Code 1923, §8240; Code 1940, T. 21, §112; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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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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