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43-2-850
Section 43-2-850 Proceedings for review of employment of agents and compensation of personal
representatives and employees of estate. On petition or appropriate motion of an interested
person, and after notice to all interested persons, the propriety of employment of any person
by a personal representative including any attorney, auditor (who may include certified public
accountants, public accountants, or internal auditors), investment advisor, or other specialized
agent or assistant, the reasonableness of the compensation of any person so employed, or the
reasonableness of the compensation determined by the personal representative for the personal
representative's own services, may be reviewed by the court. Any person who has received excessive
compensation from an estate for services rendered may be ordered to make appropriate refunds.
(Acts 1993, No. 93-722, p. 1411, §21.)...
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43-8-113
Section 43-8-113 Source, determination and documentation of exempt property and allowances;
petition for relief by personal representative or interested person. If the estate is otherwise
sufficient, property specifically devised is not used to satisfy rights to homestead and exempt
property. Subject to this restriction, the surviving spouse, the guardians of the minor children,
or children who are adults may select property of the estate as homestead allowance and exempt
property. The personal representative may make these selections if the surviving spouse, the
children or the guardians of the minor children are unable or fail to do so within a reasonable
time or if there are no guardians of the minor children. The personal representative may execute
an instrument or deed of distribution to establish the ownership of property taken as homestead
allowance or exempt property. He or she may determine the family allowance in a lump sum not
exceeding fifteen thousand dollars ($15,000) or...
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26-2A-53
Section 26-2A-53 Request for notice; interested person. Upon payment of any required fee, an
interested person who desires to be notified before any order is made in a guardianship proceeding,
including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111,
or in a protective proceeding under Section 26-2A-130, may file a request for notice with
the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of
the request to the guardian and to the conservator if one has been appointed. A request is
not effective unless it contains a statement showing the interest of the person making it
and the address of that person or an attorney to whom notice is to be given. The request is
effective only as to proceedings occurring after the filing. Any governmental agency paying
or planning to pay benefits to the person to be protected is an interested person in protective
proceedings. (Acts 1987, No. 87-590, p. 975, §1-404.)...
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43-2-390
Section 43-2-390 Authorization to compromise or sell claims. The probate court having jurisdiction
of the estate may authorize any executor or administrator to compromise or sell any bad or
doubtful claim due the estate, on the written application of the executor or administrator,
verified by his affidavit, and stating the facts, supported by evidence satisfactory to the
court, that such claim is bad or doubtful, and that a compromise or sale thereof will promote
the interests of the estate. (Code 1876, §2505; Code 1886, §2088; Code 1896, §138; Code
1907, §2602; Code 1923, §5827; Code 1940, T. 61, §223.)...
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43-2-553
Section 43-2-553 Decree for balance - Decree in favor of outgoing executor or administrator;
insolvent estates. If, on such settlement, a balance is ascertained to be due from the estate
of such decedent to the deceased or outgoing executor or administrator, the probate court
may, if six months have elapsed from the grant of original letters, render a decree in favor
of the outgoing executor or administrator or, if dead, of his personal representative, against
the remaining or succeeding executor or administrator for such balance; and if the estate
is solvent, payment thereof may be enforced by execution against him, to be levied on any
effects of such estate in his hands unadministered; but if the estate is insolvent, such decree
is to be paid as other claims against insolvent estates; and if such balance or any part thereof
is for expenses of administration necessarily incurred, such balance, or such part thereof
as may be for such expenses, shall be a preferred claim against such...
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43-8-199
Section 43-8-199 Contest in circuit court after admission to probate - Generally. Any person
interested in any will who has not contested the same under the provisions of this article,
may, at any time within the six months after the admission of such will to probate in this
state, contest the validity of the same by filing a complaint in the circuit court in the
county in which such will was probated. (Code 1852, §1654; Code 1867, §1972; Code 1876,
§2336; Code 1886, §2000; Code 1896, §4298; Code 1907, §6207; Code 1923, §10637; Acts
1931, No. 733, p. 844; Code 1940, T. 61, §64; Code 1975, §43-1-79.)...
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12-1-12
Section 12-1-12 Grounds for disqualification of judges from trial of cases generally. No judge
of any court shall sit in any case or proceeding in which he is interested or related to any
party within the fourth degree of consanguinity or affinity or in which he has been of counsel
or in which is called in question the validity of any judgment or judicial proceeding in which
he was of counsel or the validity or construction of any instrument or paper prepared or signed
by him as counsel or attorney, without the consent of the parties entered of record or put
in writing if the court is not of record. (Code 1876, §540; Code 1886, §647; Code 1896,
§2637; Code 1907, §4626; Code 1923, §8570; Code 1940, T. 13, §6.)...
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12-1-14.1
Section 12-1-14.1 Appointment of special judge upon request; temporary service. (a) At the
request of the affected judge in a particular circuit, the presiding circuit court judge of
the circuit may appoint and commission a special circuit court judge, special district court
judge, or special judge of probate for temporary service. The person so appointed shall possess
the qualifications of the judgeship to which he or she is appointed. The special judge shall
qualify by taking the oath of office prescribed in the Constitution of Alabama of 1901. The
appointment shall confer on the special judge all powers, authority, and jurisdiction of the
judgeship to which he or she is appointed. The special judge shall not receive compensation
for his or her services. (b) As used in this section, the term "temporary service"
means not more than 180 consecutive days. A special judge may be reappointed, as needed, for
more than one period of 180 consecutive days. (c) This section is supplemental to...
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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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26-2B-102
Section 26-2B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ADULT. An individual who has attained 19 years of age or who by statute has
otherwise been deemed to be an adult under the laws of the State of Alabama or the laws of
another state. (2) CONSERVATOR. A person appointed by the court to administer the property
of an adult, including a person appointed under Section 26-2A-20 of the Alabama Uniform Guardianship
and Protective Proceedings Act. (3) COURT. A probate court of this state and includes an appropriate
court of another state. (4) GUARDIAN. A person appointed by the court to make decisions regarding
the person of an adult, including a person appointed under Section 26-2A-20 of the Alabama
Uniform Guardianship and Protective Proceedings Act. (5) GUARDIANSHIP. An order appointing
a guardian. (6) GUARDIANSHIP PROCEEDING. A judicial proceeding in which an order for the appointment
of a guardian is sought or has been issued. (7)...
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