43-2-26
Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to
apply by one named. If any person named as executor in the will renounces his appointment
or fails to apply for letters testamentary within 30 days after probate and any other persons
named therein as executors make application for such letters and are fit persons to discharge
the trust, letters testamentary must issue to them if they comply with the other requisitions
of the law. (Code 1852, §1663; Code 1867, §1981; Code 1876, §2345; Code 1886, §2010; Code
1896, §52; Code 1907, §2514; Code 1923, §5736; Code 1940, T. 61, §75.)...
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43-2-47
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any
contest respecting the validity of a will, or for the purpose of collecting the goods of a
deceased, or in any other case in which it is necessary, appoint a special administrator,
authorizing the collection and preservation by him of the goods of the deceased until letters
testamentary or of administration have been duly issued. (b) Every such special administrator
has authority to collect the goods and chattels of the estate and debts of the deceased, to
give receipts for moneys collected, to satisfy liens and mortgages paid to him and to secure
and preserve such goods and chattels at such expense as may be deemed reasonable by the probate
court; and for such purposes, he may maintain civil actions as administrator. (c) Such special
administrator may also, under the direction of the probate court, sell such goods as are perishable
or wasting, after the same have been appraised, upon such notice...
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11-5-10
Section 11-5-10 Special coroner - Appointment. The judge of probate has authority to appoint
a special coroner: (1) When the coroner has not qualified or the office is vacant and the
emergency requires such officer; (2) When the coroner is absent from the county, having no
deputy therein; (3) When the coroner is imprisoned; or, (4) When the sheriff and coroner are
both parties or both interested. (Code 1852, §807; Code 1867, §942; Code 1876, §858; Code
1886, §929; Code 1896, §1083; Code 1907, §111; Code 1923, §166; Code 1940, T. 12, §64.)...

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26-2-26
Section 26-2-26 General conservator for county. The judge of probate may appoint a general
conservator for the county who must be appointed and act as a conservator when no other fit
person applies for appointment and qualifies. The term of office of such general conservator
shall continue during the term of the judge by whom he or she is appointed, unless he or she
is reappointed. If he or she is reappointed, his or her bond, if deemed sufficient, shall
remain as a continuing security, or he or she may be required to execute a new bond. (Code
1867, §2423, Code 1876, §2765; Code 1886, §2376; Code 1896, §2253; Code 1907, §4343;
Code 1923, §8100; Code 1940, T. 21, §7; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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43-2-150
Section 43-2-150 Enforcement of judgments, etc., of probate court against representatives -
Generally. All judgments, orders, and decrees of the probate court against an executor or
administrator for the payment of money may be enforced by execution or by process of garnishment,
which may issue in like cases and manner as it may issue on judgments in circuit courts, and
may, in like manner, be prosecuted to judgment against the garnishee; for the delivery of
personal property, by attachment or a special order to the sheriff, requiring him to take
such property and deliver the same according to the judgment, order or decree; for the possession
of land, by a writ to the sheriff against the executor or administrator, requiring him to
put the heir or devisee in possession of the same. (Code 1852, §1921; Code 1867, §2280;
Code 1876, §2618; Code 1886, §2276; Code 1896, §345; Code 1907, §2812; Code 1923, §6051;
Code 1940, T. 61, §128.)...
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43-2-338
Section 43-2-338 Annual settlements. (a) The executor or administrator must make annual settlements
of such estates, as required in other cases, and in such settlements he must show how such
estate has been managed, crops made, expenses incurred and the disposition of all moneys received;
and he must also show the amounts appropriated and expended for each and every person entitled
to any distribution from such estate. (b) The accounts and vouchers, evidence and statement
of the heirs and legatees must be filed, notice given and contest made, in the same manner
as on annual settlements in other cases. (c) Such settlement may be compelled by attachment,
or the probate court may proceed in the same manner as in other cases, when an executor or
administrator, being cited to make a settlement, fails to do so. (Code 1852, §§1905-1908;
Code 1867, §§2269-2272; Code 1876, §§2609-2612; Code 1886, §§2218-2220; Code 1896, §§286-288;
Code 1907, §§2751-2753; Code 1923, §§5990-5992;...
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43-2-352
Section 43-2-352 Verification of claims. The presentation must be made by filing a verified
claim, or a verified statement thereof, in the office of the judge of probate in which letters
are granted, and the same must be docketed with a note of the date of such presentation; and,
if required, a statement must be given by such judge, showing the date of presentation. Every
such claim or statement thereof so presented must be verified by the oath of the claimant
or some person having knowledge of the correctness thereof, and that the amount claimed is
justly due, or to become due, after allowing all proper credits. Any defect or insufficiency
in the affidavit may be supplied by amendment at any time. All claims not presented within
six months from the granting of letters testamentary or letters of administration shall be
forever barred, and the payment or allowance thereof is prohibited. But this section shall
not apply to claims of executors or administrators to compensation for their...
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43-8-165
Section 43-8-165 Notice to surviving spouse and next of kin - Minors. If any of the next of
kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure;
and in addition to the service above provided for minors, the court must appoint a guardian
ad litem who is disinterested and who shall be an attorney-at-law and who does not represent
any party having an interest adverse to such minors; and notice shall issue to such guardian
ad litem. Such guardian shall accept service and agree to represent the minors in the proof
and probate of the will, and if he fail to accept service and agree to appear for the minors
within 10 days after service, the court appoint another guardian ad litem, upon whom notice
must be served, and he must agree to accept service and represent the minors as is provided
in the first instance, and the will must not be probated until a guardian ad litem has agreed
to accept the appointment and to represent the minors in the proof and...
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6-10-85
Section 6-10-85 How exemption in lieu of homestead claimed and set apart. When an exemption
of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing,
duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child
or children, or either, as the case may be, in the probate court having jurisdiction of the
administration of the estate, setting forth the facts authorizing such exemption, describing
the real estate out of which the exemption is claimed and stating its value. Thereupon the
court shall appoint three commissioners who shall set off and allot the same by metes and
bounds; and, within 10 days thereafter, they shall make a written report to the court of the
exemption set off and allotted by them. (Code 1886, §2553; Code 1896, §2083; Code 1907,
§4210; Code 1923, §7932; Code 1940, T. 7, §675.)...
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6-6-286
Section 6-6-286 Proceedings upon defendant's suggestion of adverse possession. (a) When an
action is commenced to recover land or the possession thereof, the defendant may, at any time
before the trial, suggest upon the record that he, and those whose possession he has, have,
for three years next before the commencement of the action, had adverse possession thereof,
which must be construed to mean the same character of possession as will put in operation
the statute of limitations. In such case, if the jury finds for the plaintiff, it must also
ascertain by its verdict whether such suggestion is true or false. If the jury finds it to
be false, it must return a verdict for the damages as in ordinary cases. If the jury finds
it to be true, it must assess the value, at the time of trial, of the permanent improvements
made by the defendant, or those whose estate he has, and also ascertain by its verdict the
value of the lands and of the use and occupation thereof, not including the...
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