43-2-174
Section 43-2-174 Resignation and removal - Appointment of successor. Upon the resignation or
removal of a general administrator from office, the judge of the probate court of the proper
county must proceed to appoint some other suitable person general administrator for such county,
who shall give bond as required by law, and administer on such estates as may be committed
to his charge by the probate court of his county. (Code 1867, §2042; Code 1876, §2411; Code
1886, §2063; Code 1896, §110; Code 1907, §2532; Code 1923, §5754; Code 1940, T. 61, §139.)...

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45-46-84
Section 45-46-84 Special index fee. (a) In Marengo County, a special index fee of five dollars
($5) shall be collected by the judge of probate on each real or personal property instrument,
or other instrument recorded or filed for record in the probate court of the county. The special
index fees shall be in addition to all other fees, taxes, and other charges required by law
to be paid upon recording or filing for record of any instrument. (b) The judge of probate
shall deposit all funds collected into a special fund to be maintained by the judge of probate
for improved recording, archiving, Internet technology, preservation, and retrieving of records
and other equipment, maintenance, training, and services necessary for the improvement of
the recording, court, and license divisions of the office of the judge of probate. (c) This
section is cumulative. Nothing contained in this section shall alter or change an existing
law relating to charges and fees to be collected by the Judge of...
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12-22-24
Section 12-22-24 Bond on appeal of order removing executor or administrator. (a) No appeal
can be taken from any order of the probate court removing an executor or administrator unless
the applicant gives either a cash bond or a bond with at least two good and sufficient sureties,
payable to the probate judge and in the amount fixed by him, not less than the amount of his
bond as executor or administrator, conditioned to prosecute the appeal to effect and, until
the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof
may be ordered forfeited for costs, or, if other than a cash bond was given, execution for
costs may issue against him and the sureties on such bond, their names being certified with
the record to the appellate court. (c) Such bond also stands as security for the faithful
discharge of his duties as such executor or administrator, from the time the...
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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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43-2-330
Section 43-2-330 Authorization by probate court to keep estate together; term. The probate
court may authorize the executor or administrator, on application made and good cause shown,
to keep the real and personal estate, or any portion thereof, together for such length of
time as the court may deem advisable, not exceeding 10 years, and employ laborers to cultivate,
improve, keep in repair and carry on the plantation belonging to the estate. (Code 1852, §1902;
Code 1867, §2263; Code 1876, §2602; Code 1886, §2210; Code 1896, §278; Code 1907, §2743;
Code 1923, §5982; Code 1940, T. 61, §198.)...
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43-2-331
Section 43-2-331 Extension of time upon showing of good cause. Whenever any executor or administrator
has kept an estate together, under the order of the probate court, for 10 years, the time
may be extended annually, upon application and good cause shown, if the court is of the opinion
that the interest of such estate demands such extension. (Code 1867, §4431; Code 1876, §2603;
Code 1886, §2211; Code 1896, §279; Code 1907, §2744; Code 1923, §5983; Code 1940, T. 61,
§199.)...
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43-2-393
Section 43-2-393 When executor or administrator may give note, etc., to extend or settle debt.
Any executor or administrator, by authority of the probate court given on his written application,
may, in his representative capacity, give his note, bond or bill for the purpose of extending
or settling a debt of the decedent, or settling a debt contracted by such representative for
articles, or for work and labor for the estate; and for such note, bond or bill the estate
is liable, and the executor or administrator is not personally liable. But the heirs, devisees,
distributees or legatees must have 10 days' notice of such application. (Code 1867, §2066;
Code 1876, §2432; Code 1886, §2091; Code 1896, §141; Code 1907, §2605; Code 1923, §5830;
Code 1940, T. 61, §226.)...
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43-2-697.01
Section 43-2-697.01 Petition to open probate estate of Medicaid recipient; third-party administrator;
fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient
by filing a petition to appoint a third party administrator and issue letters of administration,
pursuant to the timing limitations of Section 43-2-43. (b) The petition shall contain all
of the following information: (1) The date the recipient died. (2) An explanation of why the
petition is filed in the proper court in accordance with Section 43-2-40. (3) A listing of
the recipient's personal and real property of which the Medicaid Agency is aware. (4) A listing
of the recipient's debts of which the agency is aware. (5) A listing of the recipient's possible
heirs, including contact information, if known, of which the agency is aware. (c) If the Medicaid
Agency is not aware of information listed in subsection (b), the agency shall describe each
piece of information that it lacks. (d) If the...
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12-13-37
Section 12-13-37 Appointment of special judge when probate judge incompetent, absent, sick,
etc., generally; powers and duties of special judge and force, effect, etc., of judgments,
orders and decrees thereof. If in any matter or proceeding arising in the probate court or
in reference to which the judge thereof is required to exercise jurisdiction or authority
or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick
or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency,
absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and
the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications
of a probate judge to act as special probate judge. Such special judge in relation to such
matter or proceeding shall have the jurisdiction and authority and discharge the duties of
the probate judge, and the judgments, orders and decrees made or rendered...
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43-2-172
Section 43-2-172 Commitment of administration to sheriff. In case there is no general administrator
and no other fit person will administer, the court may commit administration to the sheriff
of the county; when so committed, the administration attaches to the office, and the official
oath and bond of such office are the security for his faithful administration. (Code 1852,
§§1681, 1690; Code 1867, §§2001, 2010; Code 1876, §§2363, 2372; Code 1886, §2029; Code
1896, §72; Code 1907, §2538; Code 1923, §5760; Code 1940, T. 61, §137.)...
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