43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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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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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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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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22-18-50
Section 22-18-50 Enactment and text of Emergency Medical Services Personnel Licensure Interstate
Compact. The Emergency Medical Services Personnel Licensure Interstate Compact is hereby enacted
into law and entered into with all other jurisdictions legally joining therein in form substantially
as follows: SECTION 1. PURPOSE In order to protect the public through verification of competency
and ensure accountability for patient care related activities all states license emergency
medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs
and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
across state boundaries in the performance of their EMS duties as assigned by an appropriate
authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel
licensed in a member state. This Compact recognizes that states have a vested interest in
protecting the public's health and safety...
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43-2-580
Section 43-2-580 When legatee or widow entitled to compel payment. After the expiration of
six months from the grant of letters testamentary, or of administration, with the will annexed,
if there are more than sufficient assets in the hands of such executor or administrator to
pay the debts of the deceased, any legatee may apply to the probate court of the county in
which letters were granted to compel the payment of his legacy; and a widow who has dissented
from her husband's will or her personal representative, if she is dead, shall have like remedy
to compel the payment of the distributive share to which she may be entitled. (Code 1852,
§1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907,
§2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)...
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43-2-84
Section 43-2-84 Bond of applicant when administration committed to general administrator or
sheriff. (a) When administration is committed to the general administrator or sheriff, on
the application of a third person, such letters must not be granted unless such person enters
into bond, with surety, to be approved by the judge, to pay the fees and allowances made by
the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears
that sufficient assets of his intestate have not come to his hands to pay the costs and expenses
legally incurred in his administration, the probate court having jurisdiction of such administration
may enter a judgment and thereon issue execution against the obligors in the bond mentioned
in subsection (a), for any excess due above the assets in the hands of such administrator.
(Code 1852, §1691; Code 1867, §§2011, 2012; Code 1876, §§2373,...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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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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