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43-2-191
Section 43-2-191 Appointment of nonresident executor - Generally. Judges of probate are authorized
to issue letters testamentary to persons named as executors in wills regularly probated who
are nonresidents of this state, upon like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. (Code 1876, §2379; Code
1886, §2037; Code 1896, §80; Code 1907, §2556; Code 1923, §5778; Code 1940, T. 61, §140.)...
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43-2-192
Section 43-2-192 Appointment of nonresident executor - Filing of copies of will and letters
testamentary; bond and surety. When the will has been probated in another state or territory,
before issuing letters testamentary thereon to a nonresident executor, the judge of probate
must require him to file in court a copy of the will under which he is appointed, together
with a certificate of the judge of the court in which the will was probated, that such will
was regularly proved and established and that letters testamentary were issued to him thereon,
in accordance with the laws of the state or territory in which such original letters were
granted, and also to give bond and surety upon the same terms, conditions and requirements
as are required by law of citizens of this state. But if it shall appear from the will that
the testator, by an express provision therein, has exempted the applicant from giving bond
as executor, such bond must not be required, except in the cases specified in...
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43-2-193
Section 43-2-193 Appointment of nonresident administrator. When any nonresident dies, leaving
assets in this state, if no application for letters of administration is made by a relative
or creditor entitled thereto, an administrator of his estate, appointed by the competent authority
of the state or territory of his domicile, shall be entitled to letters of administration
on such estate in this state, upon the production of the letters granted to him by the state
or territory of his intestate's domicile, duly certified as required by law, in preference
to any other person, upon his giving like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. The certified copy of his
foreign letters shall be filed and recorded in the office of the judge of probate issuing
letters in this state. (Code 1886, §2039; Code 1896, §82; Code 1907, §2558; Code 1923,
§5781; Code 1940, T. 61, §143.)...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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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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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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43-2-21
Section 43-2-21 Form. Letters testamentary may be substantially in the following form: The
State of Alabama, } Court of Probate ___ County} The will of ______, having been duly admitted
to record in said county, letters testamentary are hereby granted to _____, the executor named
in said will, who has complied with the requisitions of the law and is authorized to take
upon himself the execution of such will. Witness my hand and dated this _____day of _____,
19__. ___ Judge of Probate. (Code 1852, §1687; Code 1867, §2007; Code 1876, §2369; Code
1886, §2005; Code 1896, §47; Code 1907, §2509; Code 1923, §5731; Code 1940, T. 61, §70.)...
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43-2-25
Section 43-2-25 Procedure for renouncing appointment. Any person named as executor in a will
may renounce such appointment by appearing before the judge of probate and declaring such
renunciation, which must be entered of record; or such person may renounce his appointment
by an instrument in writing executed by him and acknowledged before an officer authorized
to take and certify acknowledgments to conveyances, whether within or beyond the state; and
such instrument must be filed and recorded in the office of the judge of probate of the county
in which the will is probated. (Code 1852, §1662; Code 1867, §1980; Code 1876, §2344; Code
1886, §2009; Code 1896, §51; Code 1907, §2513; Code 1923, §5735; Code 1940, T. 61, §74.)...
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43-2-211
Section 43-2-211 Right to maintain actions and recover or receive property in state. Any executor
or administrator who has obtained letters testamentary or of administration on the estate
of a person who was not, at the time of his death, an inhabitant of this state, in any other
of the United States, and who has not obtained letters of administration thereon in this state,
as authorized by article 8 of chapter 2 of this title, may maintain civil actions and recover
or receive property in this state: (1) By recording, at any time before judgment or the receipt
of the property, a copy of his letters, duly authenticated according to the laws of the United
States, in the office of the judge of probate of the county in which such civil action is
brought or property received; or (2) By giving bond, with at least two good and sufficient
sureties, payable to and approved by such judge of probate, in such amount as he may prescribe,
to be determined with reference to the value of the property...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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