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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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43-2-191
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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43-2-211
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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26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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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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43-8-1
Section 43-8-1 General definitions. Subject to additional definitions contained in the subsequent
articles which are applicable to specific articles or divisions, and unless the context otherwise
requires, in this chapter, the following words shall have the following meanings: (1) BENEFICIARY.
As it relates to trust beneficiaries, includes a person who has any present or future interest,
vested or contingent, and also includes the owner of an interest by assignment or other transfer
and as it relates to a charitable trust, includes any person entitled to enforce the trust.
(2) CHILD. Includes any individual entitled to take as a child under this chapter by intestate
succession from the parent whose relationship is involved and excludes any person who is only
a stepchild, a foster child, a grandchild or any more remote descendant. (3) COURT. The court
having jurisdiction in matters relating to the affairs of decedents. This court in Alabama
is known as the probate court. (4) DAYS. That...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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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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43-2-29
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration.
(a) If, after letters of administration have been granted as in case of intestacy, any will
is proved and the executor therein named appears, claims letters testamentary and complies
with the requisition of the law, the probate court having jurisdiction must revoke the letters
of administration and grant letters testamentary to such executor. (b) If, in the case provided
for by subsection (a), the sole executor or some of the executors, within five days after
the proof of such will, do not appear and take out letters testamentary thereon, a copy of
the will must be annexed to the letters of administration and must be executed by the administrator.
(Code 1852, §§1722, 1723; Code 1867, §§2045, 2046; Code 1876, §§2414, 2415; Code 1886
§§2066, 2067; Code 1896, §§113, 114; Code 1907, §§2517, 2518; Code 1923, §§5739, 5740;
Code 1940, T. 61, §§78, 79.)...
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26-3-1
Section 26-3-1 Generally. Before the issue of letters of conservatorship, other than letters
to the general conservator or to the sheriff, the judge of probate must require the conservator
appointed to enter into bond with sufficient sureties, payable to the judge of probate, in
a penalty prescribed by him. (Code 1886, §§2378, 2406; Code 1896, §2272; Code 1907, §4362;
Code 1923, §8135; Code 1940, T. 21, §27; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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