43-6-2
Section 43-6-2 Notice by representative. The personal representative of any person leaving
property not devised or bequeathed, or where the devisees or legatees are incapable of taking
and such representative is unable to ascertain any lawful heirs or distributees or persons
capable of taking within six months after the grant of letters testamentary or of administration,
must give notice thereof in some newspaper published in the state once a week for three successive
weeks; but it shall not be necessary for any personal representative to institute escheat
proceedings under this chapter until the debts of the decedent have been paid. (Code 1852,
§2065; Code 1867, §2457; Code 1876, §2852; Code 1886, §1937; Code 1896, §1753; Code 1907,
§3919; Code 1923, §7615; Code 1940, T. 16, §26.)...
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45-6-82.20
Section 45-6-82.20 Fees. (a) In Bullock County, the judge of probate shall, in lieu of the
fees prescribed by the general law for the following services, charge and collect for his
or her services the following fees: (1) Probate of will of not more than five pages, whether
contested or not, with three copies of letters and including partial or final settlement when
not more than 10 pages. An additional charge of one dollar and fifty cents ($1.50) per page
for a will over five pages in length and for partial or final settlements in excess of 10
pages in length shall be made. ... $50 (2) Granting of Letters of Administration with three
certified copies of Letters of Administration. ... $50 (3) Final settlement of administration
of an estate when not more than 10 pages. When over 10 pages, an additional charge of one
dollar and fifty cents ($1.50) per page. ... $50 (4) Partial or final settlement of guardianship.
......
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19-3B-205
Section 19-3B-205 Judicial accountings and settlements. (a) A trustee may file an accounting
of the trustee's administration of a trust in court at any time and seek a partial or final
settlement thereof or, upon petition of an interested party, a court may order a trustee to
render an accounting of the trustee's administration of a trust and require a partial or final
settlement thereof. Notice of such judicial proceeding shall be provided to the trustee and
each beneficiary, or representative thereof pursuant to Article 3, as provided by the applicable
rules of civil procedure. (b) A trust accounting must be a reasonably understandable report
from the date of the last accounting or, if none, from the date upon which the trustee became
accountable, or other such date the court may set, which provides reasonable detail of the
transactions affecting the administration of the trust, and which adequately discloses the
following information: (1) The accounting must identify the trust, the...
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30-3-62
Section 30-3-62 Who may petition for withholding order; withholding on existing support orders;
filing with clerk; service; hearing; issuance of order; contents; when order takes effect;
entry of support and withholding orders by different courts; termination of withholding. (a)
Section 8-5-21 to the contrary notwithstanding, and in addition to and independent of any
other remedy provided by law for the enforcement of support, the obligee, district attorney,
or representative of the Department of Human Resources may file with a court of this state,
as defined in this article, a petition seeking an order of income withholding. Additionally,
for all existing support orders issued in the State of Alabama that do not provide for income
withholding and upon the filing of an application for support services by the obligee with
the department, the department shall petition the court for an income withholding order pursuant
to this section. The obligee, district attorney, or representative of...
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43-2-640
Section 43-2-640 Authorization to make distribution - Distribution by executor or administrator.
When the executor or administrator is satisfied that the estate is solvent, he may, after
six months from the date of the grant of letters testamentary or of administration, make distribution
of the whole or any part of the property without obtaining an order of court, or he may so
report it and obtain an order of distribution as to the whole, or any part of the property;
but, in such case, if the distribution or the order is made before a final settlement of such
estate, neither the distribution, the order, nor the proceedings thereon are a defense in
any action brought against such executor or administrator as such. (Code 1852, §1771; Code
1867, §2097; Code 1876, §2474; Code 1886, §2191; Code 1896, §259; Code 1907, §2724; Code
1923, §5963; Code 1940, T. 61, §365; Acts 1949, No. 614, p. 945.)...
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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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43-2-842
Section 43-2-842 Persons dealing with personal representative; protection. A person
who, in good faith, either assists a personal representative or deals with the personal
representative for value is protected as if the personal representative properly exercised
the power. The fact that a person knowingly deals with a personal representative does
not alone require the person to inquire into the existence of a power or the propriety of
its exercise. Except for restrictions on powers of personal representatives which are
endorsed on the letters, no provision in any will or order of court purporting to limit the
power of a personal representative is effective except as to persons with actual knowledge
thereof. A person is not bound to see to the proper application of estate assets paid or delivered
to a personal representative. The protection here expressed extends to instances in
which some procedural irregularity or jurisdictional defect occurred in proceedings leading
to the issuance...
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35-6A-6
Section 35-6A-6 Determination of value of property; appraisal; notice and hearing. (a) Except
as otherwise provided in subsection (b) and subsection (c), if the court determines that the
property that is the subject of a partition action is heirs property, the court shall determine
the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation,
the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an appraisal is outweighed by the
cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market
value of the property and send notice to the parties of the value. (d) If the court orders
an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this
state to determine the fair market value of the property assuming...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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43-2-720
Section 43-2-720 When creditors may make nomination; who may be nominated. On the day appointed
for the settlement of the administration of an estate declared insolvent or on any day to
which the same is continued, the creditors present or represented may nominate to the court
any fit person, an inhabitant of this state, as administrator of the property, rights and
credits of such estate unadministered. (Code 1852, §1840; Code 1867, §2189; Code 1876, §2561;
Code 1886, §2231; Code 1896, §299; Code 1907, §2767; Code 1923, §6006; Code 1940, T. 61,
§393.)...
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