Code of Alabama

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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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35-4-321
Section 35-4-321 Application to compel conveyance - Generally. If the personal representative
refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be
compelled so to do by application to the judge of probate of the county in which letters testamentary
or of administration were granted. (Code 1852, §1346; Code 1867, §1616; Code 1876, §2225;
Code 1886, §1872; Code 1896, §1070; Code 1907, §3442; Code 1923, §6947; Code 1940, T.
47, §37.)...
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5-24-15
Section 5-24-15 Rights of creditors and others. (a) If other assets of the estate are insufficient,
a transfer resulting from a right of survivorship or POD designation under this chapter is
not effective against the estate of a deceased party to the extent needed to pay claims against
the estate and statutory allowances to the surviving spouse and children. (b) A surviving
party or beneficiary who receives payment from an account after death of a party is liable
to account to the personal representative of the decedent for a proportionate share of the
amount received to which the decedent, immediately before death, was beneficially entitled
under Section 5-24-11, to the extent necessary to discharge the claims and allowances described
in subsection (a) remaining unpaid after application of the decedent's estate. A proceeding
to assert the liability may not be commenced unless the personal representative has received
a written demand by the surviving spouse, a creditor, a child, or a...
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6-10-86
Section 6-10-86 Report of appraisers or commissioners - Exceptions; notice of time set for
hearing thereon. When any homestead or other exemption has been allotted or set apart by the
appraisers or by commissioners, the personal representative, surviving spouse, minor child
or children, or other person in interest feeling aggrieved may, within 30 days after the making
of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon
the court must fix a day for the hearing of the exceptions, of which 10 days' notice must
be given by personal service, if the adverse parties reside in the state or, if they reside
out of the state, by publication in some newspaper published in the county. If the exceptions
are filed by the surviving spouse and minor child or children, or either, such notice must
be served on the personal representative, but if filed by the personal representative or other
person, the notice must be served on the surviving spouse, if there...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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6-8-60
Section 6-8-60 Designation of newspaper for publication of notice; publication requirements.
(a) The party in interest or at whose instance the publication of notice is to be given by
advertisement in a newspaper may designate the newspaper in which such advertisement shall
be made. If the officer charged with the duty of making the advertisement disregards such
designation and makes advertisement in some other paper, he or she must pay the cost thereof
and shall not be entitled to reimbursement. (b) All publications required by any law, mortgage,
or other contract to be published in a newspaper must be published in any newspaper printed
in the English language which has a general circulation in the county, regardless of where
the paper is printed, if the principal editorial office of the newspaper is located within
the county and which newspaper shall have been mailed under the publication class mailing
privilege of the United States Postal Service from the post office where it is...
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12-20-30
Section 12-20-30 Substitution of lost, etc., papers or records in civil cases - How made -
Where deed, contract, conveyance or other instrument involved. If the record of a deed, contract,
conveyance or other instrument, the record of which is by law required or authorized, is lost,
mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument
may be recorded again, and such record shall have relation to, and be operative from, the
day the original record was operative. If the original is lost, mislaid, destroyed or mutilated,
a copy thereof may be recorded on proof of its correctness of the record and of the loss or
destruction of the original, and the record of such copy shall have relation to, and be operative
from, the day the original record was operative. But in case of the loss or destruction of
the original, an application for the record of the copy must be made to the court or successor
of the court in which the original record was made and...
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43-2-61
Section 43-2-61 Manner of giving notice. Notice, as prescribed in section 43-2-60, must be
given: (1) By first-class mail addressed to their last known address, or by other mechanism
reasonably calculated to provide actual notice, to all persons, firms, and corporations having
claims against the decedent, who are known or who are reasonably ascertainable by the personal
representative within six months from the grant of letters; and (2) By publishing a notice
once a week for three successive weeks in a newspaper of general circulation published in
the county in which the letters were granted or, if none is published in the county, in the
one published nearest to the courthouse thereof or in an adjoining county. (Code 1852, §1735;
Code 1867, §2058; Code 1876, §2427; Code 1886, §2076; Code 1896, §123; Code 1907, §2587;
Code 1923, §5812; Code 1940, T. 61, §94; Acts 1989, No. 89-811, p. 1618, §2.)...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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26-5-9
Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof.
The court must appoint a day for the settlement, of which 10 days' notice must be given to
the succeeding conservator, if there is such conservator, or to the personal representative
of the ward, if the ward is dead, or to the ward, if he or she is a resident of the state
and has arrived at full age or has been relieved of the disability of nonage or incapacity
has terminated, and to all sureties on the bond of such conservator, by the service of process,
and notice must also be given, as the court may direct, either by advertisement for three
successive weeks in some newspaper published in the county or for the same length of time
by posting notice at the courthouse door and at three other public places in the county. (Code
1886, §2461; Code 1896, §2346; Code 1907, §4436; Code 1923, §8209; Acts 1931, No. 704,
p. 829; Code 1940, T. 21, §136; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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