43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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19-3-21
Section 19-3-21 Contents of application; notice of hearing. The application must be in writing,
verified by affidavit, must state the nature and character of the trust and of the interest
of the applicant therein and must state, in the opinion of the applicant, said interest is,
or will be endangered, if bond with sureties is not required of such trustee; and, on the
filing of such petition, the register or clerk must appoint a day for the hearing thereof,
of which not less than five days' notice, by the service of summons to appear and answer,
must be given the trustee, if he resides in the state, and if he resides without the state,
notice must be given by publication for three successive weeks in some newspaper published
in the county, if there be such paper, and if there be not, in the paper published nearest
to such county. (Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392;
Code 1940, T. 58, §9.)...
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18-1A-74
Section 18-1A-74 Service of process. (a) On the filing of the complaint, the probate court
must enter an order appointing a day for the hearing thereof and must issue to the defendants
a copy of the complaint and notice of the day set for the hearing unless such notice is waived.
(b) Service upon a defendant of the notice with a copy of the complaint may be made in accordance
with Rule 4 of the Alabama Rules of Civil Procedure. (Acts 1985, No. 85-548, p. 802, §405.)...

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35-6-43
Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
Upon the filing of the application, a day not less than 30 days thereafter must be appointed
for hearing the same; and of the time and place of such hearing, all parties in interest must
have at least 10 days' notice; and when infants or persons of unsound mind are parties, if
they have no general guardians, guardians ad litem must be appointed to represent them; and
if any of the parties in interest are nonresidents, they must 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, §3107; Code 1876, §3501; Code 1886, §3240;
Code 1896, §3164; Code 1907, §5206; Code 1923, §9306; Code 1940, T. 47, §195.)...
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19-3-22
Section 19-3-22 Hearing; order. On the day appointed, or on any other day to which such application
may be continued, if it appears that the applicant has a real, bona fide interest in the administration
of the trust, and that by the terms thereof, the trustee is not required to give bond with
surety, and that a majority in number and interest of all the creditors for whose benefit
such trust may be created do not oppose such application, the register or clerk must make
and enter an order requiring such trustee to give bond with at least two good and sufficient
sureties, payable to such register or clerk, in such sum as the register or clerk may prescribe,
subject to change on application to the judge, with condition for the faithful discharge of
all the duties of such trustee, which bond must be approved, filed and recorded in his office.
(Code 1886, §3551; Code 1896, §4154; Code 1907, §6056; Code 1923, §10393; Code 1940, T.
58, §10.)...
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35-6-59
Section 35-6-59 Sale instead of partition - Time for hearing. Upon the filing of such application,
setting forth that the property cannot be equitably divided or partitioned, without a sale
thereof, a day must be appointed, not less than 30 days thereafter for hearing the same. (Code
1867, §3121; Code 1876, §3515; Code 1886, §3254; Code 1896, §3179; Code 1907, §5223;
Code 1923, §9323; Code 1940, T. 47, §211.)...
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35-6-85
Section 35-6-85 Conduct of hearing generally; order confirming sale. On the day appointed for
such hearing, or on any other day to which it may be continued the court must proceed to hear
such report and the evidence for and against the confirmation of such sale. Such evidence
shall be taken orally in open court at the time of the hearing or by deposition as in actions
before the circuit court. If upon such hearing it shall appear to the satisfaction of the
court that such sale as made is to the interest of the ward, the court shall make an order
confirming the same, and, if it shall appear to the court that full payment has been made
to the guardian for the interest of the minor in such sale, such order shall direct the guardian,
or any other person appointed by the court, to make conveyance of the interest of the ward
in the land or realty to the purchaser thereof. (Code 1907, §5258; Code 1923, §9362; Code
1940, T. 47, §224.)...
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43-2-704
Section 43-2-704 Time for hearing; notice of hearing. The probate court, on the filing of such
report and statements, must appoint a day, not less than 30 nor more than 60 days therefrom,
to hear and determine the same and must give notice to the creditors of and to all persons
interested in the estate of the filing of the report and the day appointed to hear and determine
the same by publication, once a week for three successive weeks, in some newspaper published
in the county or, if none is published therein, in a newspaper published nearest to the courthouse
of such county, and by posting such notice at the courthouse door for the same length of time
and by forwarding such notice by mail to all creditors and to all adult heirs or distributees
whose places of residence are known, and shall appoint guardians ad litem for all heirs or
distributees who are minors or of unsound mind. Upon the day appointed or on any other day
to which the hearing is continued, the court must proceed to...
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19-3-37
Section 19-3-37 Examination and auditing of account; judgment. Upon the day so appointed, or
any day to which the hearing may be continued, the register or clerk must proceed to examine
and audit the account; and upon such auditing, the assignor or any creditor or party in interest,
his representative or transferee, may move the register or clerk to charge the trustee with
sums other than those with which he has charged himself, or may object to the allowance of
any item for which he claims credit; and such matters must be heard and the account stated
and passed upon by the register or clerk and distribution made and judgment to creditors as
in insolvent estates administered in the court of probate; and after deducting the costs and
expenses of administration, including five percent commissions to the trustee on the amount
of money with which he is charged, and the allowance of reasonable charges for the preparation
of the deed of assignment, and after the discharge of all liens or...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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