Code of Alabama

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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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36-6-10
Section 36-6-10 Voluntary diminution of salary. It shall be lawful for any person who is an
officeholder in or of the State of Alabama or any county or municipality thereof or holding
any civil office of profit under this state or any county or municipality thereof whose compensation,
salary or fees is fixed by law for his services and which compensation, salary or fees cannot
be or shall not be increased or diminished during the term for which he shall have been elected
or appointed under the provisions of Sections 118 or 281 of the Constitution of Alabama or
Amendment No. 328 thereof to voluntarily diminish the compensation, salary or fees fixed by
law to which he is entitled to such extent as he may desire. Any person desiring voluntarily
to diminish the salary, fees or compensation to which he is entitled and which is fixed by
law shall sign and acknowledge an instrument in writing designating the office or position
held by him and stating or declaring the amount to which he...
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43-8-292
Section 43-8-292 Filing and delivery of disclaimer. (a) Except as provided in subsection (c)
of this section, if the property or interest has devolved to the disclaimant under a testamentary
instrument or by the laws of intestacy, the disclaimer shall be filed, as to a present interest,
not later than nine months after the death of the deceased owner or deceased donee of a power
of appointment and, if of a future interest, not later than nine months after the event determining
that the taker of the property or interest has become finally ascertained and his interest
is indefeasibly vested. The disclaimer shall be filed in the probate court of the county in
which proceedings for the administration of the estate of the deceased owner or deceased donee
of the power have been commenced or, if they have not been commenced, in which they could
be commenced. A copy of the disclaimer shall be delivered in person or mailed by registered
or certified mail to any personal representative or other...
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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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35-4-72
Section 35-4-72 Improperly acknowledged or recorded instruments as evidence. When a validly
executed instrument, not properly acknowledged and recorded, has for 10 years been of record
in the office of the judge of probate, the original or a duly certified transcript thereof
shall have the same force and effect as evidence as such original or transcript would have
had had such instrument been duly acknowledged and recorded. (Code 1907, §3382; Code 1923,
§6876; Code 1940, T. 47, §119.)...
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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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35-4-27
Section 35-4-27 Acknowledgment - Proof of official seal. All deeds, powers of attorney and
other instruments of conveyance, affidavits or contracts purporting to be acknowledged, proved
or verified as prescribed by law, and which have been recorded or may hereafter be recorded
in the office of the judge of probate of the proper county in this state, and transcripts
thereof from such record shall be prima facie evidence that the seal of such officer acknowledging
or attesting such instrument was his official seal and that it was affixed by him in his official
capacity; and all such instruments and certified copies thereof shall have the same force
and effect and shall be received in evidence in any court in this state without further proof
of the due execution of such instrument or proof of the seal of any officer so certifying
or attesting and that the same was affixed by him as his official seal, in his official capacity,
whether he be an officer of this state or of any other state,...
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35-10-24
Section 35-10-24 Partial payments - Entry by execution and delivery of separate instrument.
(a) Any person required by the provisions of this article, and more particularly Sections
35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the
record may fully discharge his obligation to make such entry by executing a separate instrument
which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly
states the information required otherwise to be entered on the record or margin thereof, and
by delivering such instrument or depositing the same in the United States mail properly stamped
and addressed, to the person who requests such entry, but the person requested to make such
entry shall not be required to file such separate instrument for record; provided, that such
separate instrument so to be furnished shall be so prepared and acknowledged that the same
shall be admitted to record in the office of the judge of probate...
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12-13-43
Section 12-13-43 Maintenance of general direct and reverse indexes of instruments filed for
record; liability of probate judge for failure to comply with provisions of section. The probate
judge of each county in this state shall keep in his office four well-bound books of suitable
size and grade of paper in which to make a general direct and a general reverse index of each
instrument filed for record in his office, and two of said books shall be used for conveyances
of real property and two for conveyances of personal property and all other instruments entitled
to record in his office. In the general direct indexes he shall enter, in regular alphabetical
order, under appropriate title, the name of each maker of the instrument, the name of each
person to whom made, the date and character of such instrument and the date filed for record;
and, in the general reverse indexes, in like alphabetical order, under its appropriate title,
he shall enter the name of each person to whom the...
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35-4-435
Section 35-4-435 Notice requirements for existing private transfer fee obligations. (a) The
payee of a private transfer fee obligation imposed prior to May 25, 2011, shall record, prior
to December 31, 2011, against the real property subject to the private transfer fee obligation,
a separate document in the office of the judge of probate for each county in which the real
property is located which complies with all of the following requirements: (1) The title of
the document shall be "Notice of Private Transfer Fee Obligation" in at least 14-point
boldface type. (2) The amount, if the private transfer fee is a flat amount, or the percentage
of the sales price constituting the cost of the private transfer fee, or such other basis
by which the private transfer fee is to be calculated. (3) If the real property is residential
property, actual dollar-cost examples of the private transfer fee for a home priced at two
hundred fifty thousand dollars ($250,000), five hundred thousand dollars...
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