35-6-40
Section 35-6-40 Property subject to partition; by whom application made. Any property, real,
personal or mixed, held by joint owners or tenants in common, may be divided among them, on
the written application of one or more of them to the probate court of the county in which
the property is situated; and such application may be made by the executor or administrator
of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
(Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161;
Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)...
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35-6-58
Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made;
where sale held; record of decrees. Any property, real or personal, held by joint owners or
tenants in common, on the written application of any one or more of them, may be decreed to
be sold by the probate court of the county in which such property is situated, or, in case
of land lying in different counties, of either of such counties, whether such lands are adjacent
or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding
they, or any of them, are infants or persons of unsound mind, and the application may be made
by the executor or administrator of a deceased person in interest, or by the guardian of a
minor or person of unsound mind. Such lands shall be sold in the county where the decree is
rendered, unless otherwise directed by order of the court, upon rendition of the final decree
ordering such sale. The decree of sale and the decree...
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35-6-110
Section 35-6-110 Crops subject to partition; by whom application made. Matured crops of corn,
cotton, or other produce, raised and made by persons in such manner as to make them joint
owners or tenants in common therein, whether gathered or ungathered, may be divided among
them, on the written application of any one or more of them to the probate court of the county
in which such crops, or any portion thereof, are situated; and such application may be made
by the administrator or executor of a deceased person, or by the guardian of a minor or person
of unsound mind interested in such crops. (Code 1876, §3521; Code 1886, §3263; Code 1896,
§3188; Code 1907, §5234; Code 1923, §9338; Code 1940, T. 47, §231.)...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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35-6-46
Section 35-6-46 Oath of commissioners; duties generally. The commissioners must be sworn faithfully
to execute the trust reposed in them, and to make the division or partition fairly and impartially,
if the same can be made; and the division or partition shall be conducted in all respects,
as nearly as may be, consistently with the provisions of this article, as is done when property
in the hands of an executor or administrator is to be distributed or divided; and in case
of application for partition of lands, the commissioner must, after examining the lands, and
a survey thereof, if necessary, proceed without delay to make division thereof into the necessary
number of shares, having regard to the quality of the soil, and other advantages, so as to
make the different shares as nearly equal in value as practicable; and they must make a plat
and map thereof, showing the subdivisions of the lots, and numbering them progressively; and
subdivisions and boundaries of the lots, and numbering...
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35-6-60
Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents
as parties. All parties in interest must have at least 10 days' notice of the time and place
set for the hearing of such application; and when infants or persons of unsound mind are parties,
and have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they may be made parties in the same manner,
and to the same extent as is done when property in the hands of an executor or administrator
is to be divided or distributed. (Code 1867, §3122; Code 1876, §3516; Code 1886, §3255;
Code 1896, §3180; Code 1907, §5224; Code 1923, §9324; Code 1940, T. 47, §212.)...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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45-13-120
Section 45-13-120 Compensation; election; oath and bond; office space, equipment; chief clerk;
powers and duties; issuance of licenses; disposition of funds. (a)(1) Effective October 1,
1991, there is hereby created the office of commissioner of licenses. The salary of the commissioner
of licenses shall be in the amount of thirty-six thousand dollars ($36,000) annually. The
annual salary shall be payable in equal biweekly installments from the general funds of the
county, as all other county employees are paid. (2) The office of commissioner of licenses
shall be established upon the occurrence of a vacancy before October 1, 1991, in either the
office of tax assessor or tax collector, then, in that event, the officer remaining after
the office of revenue commissioner is established, shall be the license commissioner for the
remainder of the unexpired term for which he or she was elected as either tax assessor or
as tax collector, as the case may be, and the license commissioner shall be...
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43-2-113
Section 43-2-113 Executor de son tort. No person is liable to an action, as executor of his
own wrong, for having taken, received or interfered with the property of a deceased person
but is liable to the executor or administrator for the value of all the property so taken
or received and for all damages caused by his act to the estate of the deceased; but the provisions
of this section must not be construed so as to prevent any creditor from maintaining a civil
action against anyone in possession of property fraudulently transferred by such deceased
person. (Code 1852, §1933; Code 1867, §2292; Code 1876, §2636; Code 1886, §2271; Code
1896, §340; Code 1907, §2801; Code 1923, §6040; Code 1940, T. 61, §117.)...
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