6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal,
owned by a decedent at the time of his death does not exceed in amount and value the exemption
allowed in favor of his or her surviving spouse and minor child or children, or either, and
no administration is granted on his estate within 60 days after his death, the probate court
of the county in which he resided at the time of his death, upon the application of the surviving
spouse or, if there is no surviving spouse or he or she does not act, upon the application
of a suitable person who shall be appointed by the judge of probate as the next friend of
such minor child or children, verified by oath and setting forth such facts, as well as the
names, condition, and residence, if known, of the heirs of the decedent other than the minor
children of the decedent, must appoint two commissioners, who shall...
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11-47-71
Section 11-47-71 Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation
of sales by probate court. (a) Whenever such a cemetery or part thereof has been abandoned
as a cemetery or place of burial for the human dead as provided for in Section 11-47-60 by
the cemetery corporation, association, corporation sole, or other person owning or controlling
the same, the parts or portions thereof in which no interments had been made and such parts
and portions thereof from which all human remains have been removed may be sold by the cemetery
corporation, association, corporation sole, or other person owning or controlling such cemetery
land or may be mortgaged or otherwise pledged as security for any loan or loans made to such
cemetery corporation, association, corporation sole, or other person owning or controlling
such cemetery lands. No order of any court shall be required prior to the making of any such
sale, mortgage, pledge, or other encumbrance of such lands...
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19-1A-2
or liability is itself an electronic record. (11) "Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities. (12) "Electronic communication" has the meaning set forth in 18 U.S.C.
Section 2510(12), as amended. (13) "Electronic-communication service" means a custodian
that provides to a user the ability to send or receive an electronic communication. (14) "Fiduciary"
means an original, additional, or successor personal representative, conservator, agent,
or trustee. (15) "Good faith" means honesty in fact and reasonable under the circumstances.
(16) "Information" means data, text, images, videos, sounds, codes, computer programs,
software, databases, or the like. (17) "Online tool" means an electronic service
provided by a custodian that allows the user, in an agreement distinct from the terms-of-service
agreement between the custodian and user, to provide directions for disclosure or nondisclosure
of...
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43-8-292
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 fiduciary of the decedent
or donee of the power. (b) Except as provided in subsection (c) of this section, if the property
or interest has devolved to the disclaimant under a nontestamentary instrument or contract,
the disclaimer shall be delivered or filed, as to a present interest, not later than nine
months after the effective date of the nontestamentary instrument or contract and, as to a
future interest, not later than nine months after the event determining...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation provided
in Section 26-2A-154, a conservator shall have all of the powers conferred in this section
and any additional powers now or hereafter conferred by law on trustees in this state. In
addition, a conservator of the estate of an unmarried minor as to whom no one has parental
rights, has the powers of a guardian of a minor described in Section 26-2A-78 until the minor
attains the age of 19 years, or the disabilities of nonage have been removed, but the parental
rights so conferred on a conservator do not preclude appointment of a guardian as provided
in Division 1 of this article. (b) A conservator without court authorization or confirmation
may invest and reinvest funds of the estate as would a trustee. (c) A conservator, acting
as a fiduciary in efforts to accomplish the purpose of the appointment, may act without court
authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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30-2-40
Section 30-2-40 Legal separation. (a) The court shall enter a decree of legal separation if
all of the following requirements are satisfied: (1) The court determines that the jurisdictional
requirements for the dissolution of a marriage have been met. (2) The court determines the
marriage is irretrievably broken or there exists a complete incompatibility of temperament
or one or both of the parties desires to live separate and apart. (3) To the extent that it
has jurisdiction to do so, the court has considered, approved, or provided for child custody,
and has entered an order for child support in compliance with Rule 32 of the Alabama Rules
of Judicial Administration. (b) A legal separation is a court determination of the rights
and responsibilities of a husband and wife arising out of the marital relationship. A decree
of legal separation does not terminate the marital status of the parties. (c) If a party files
a complaint for a decree of legal separation rather than a decree of...
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12-22-21
After a final settlement, upon any order, judgment or decree, made on such settlement, or respecting
any item or matter thereof, or any previous settlement or item, or matter thereof, within
42 days thereafter; (6) Upon any issue as to the insolvency of an estate and upon any issue
as to an allowance of any claim against insolvent estates, in which cases the appeal must
be taken within 42 days after the determination of such issue; and (7) On an application for
a division or partition of real or personal property, in which case the appeal must
be taken within 42 days, and the decree, judgment or order may be stayed upon the execution,
within 14 days, of a supersedeas bond, payable to the appellee, in an amount and upon condition
to be prescribed by the probate judge, such stay of execution to continue until the appeal
is decided. (Code 1852, §1888; Code 1867, §2244; Code 1876, §3954; Code 1886, §3641; Code
1896, §458; Code 1907, §2856; Code 1923, §6115; Code 1940, T. 7, §776.)...
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19-3-28
Section 19-3-28 Notice to creditors. Upon the making of such order the register or clerk must
give notice thereof by mail, postage prepaid, to each creditor whose name and address he may,
by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record
of the deed of assignment in the office of the judge of probate, or any other available source
of information, and must also give notice by publication once a week for three successive
weeks in a newspaper published in the county, or if there be no such paper, by posting the
notice at the courthouse door for the same length of time. Such notice may be substantially
in the following form: "To the creditors of A.B., of _____: "The said A.B., having
made an assignment for the benefit of creditors, and C.D. having filed his petition for the
administration of such trust by the circuit court, and the circuit judge having made an order
designating the _____ day of _____, as a day by or on which all claims of...
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26-9-14
Section 26-9-14 Filing of account of receipts and disbursements for settlement by guardian;
certification of copy thereof to veterans' administration; notice of hearing thereon. Every
guardian who shall receive on account of his or her ward any moneys from the administration
shall file with the court annually on the anniversary date of the appointment, in addition
to such other accounts as may be required by the court, a full, true, and accurate account
under oath of all moneys so received by him or her and of all disbursements thereof, showing
the balance thereof in his or her hands at the date of such account and how invested, including
a complete descriptive itemization of all investments, and must submit to the court for its
examination all securities and evidences of debt belonging to the ward, and the decree of
the court passing the settlement must recite that all securities and evidences of debt due
the ward have been presented to and examined by the court; provided, that in the...
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26-2A-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may pay or
secure from the estate claims against the estate or against the protected person arising before
or after the conservatorship upon their presentation and allowance in accordance with the
priorities stated in subsection (d). A claim may be presented by either of the following methods:
(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating
its basis, the name and mailing address of the claimant, and the amount claimed; or (2) The
claimant may file a written statement of the claim, in the form prescribed by rules of the
court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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