12-11-41.1
Section 12-11-41.1 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 of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate 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
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-11-41.1.htm - 1K - Match Info - Similar pages

12-21-240
Section 12-21-240 Attendance of witnesses - Generally. Witnesses must be subpoenaed to attend
court on the day on which the case is set for trial in which they are subpoenaed as witnesses
and to attend from day to day until discharged by law by the court or by the party by whom
they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the
court to attend court on a subsequent day fixed or named by the court. (Code 1852, §666;
Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882;
Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-240.htm - 961 bytes - Match Info - Similar pages

43-2-293
Section 43-2-293 Application for removal or additional bond. Application for the removal of
any executor or administrator, or for an additional bond, must be in writing, verified by
oath, must specify the grounds of complaint and must be made to the court from which letters
issued, or in which the administration is pending; and may be made by any creditor, legatee,
devisee, heir or distributee, or by any coexecutor, coadministrator or the sureties, or any
of them. (Code 1852, §§1698, 1699; Code 1867, §§2019, 2020; Code 1876, §§2388, 2389;
Code 1886, §2047; Code 1896, §94; Code 1907, §2568; Code 1923, §5791; Code 1940, T. 61,
§181.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-293.htm - 997 bytes - Match Info - Similar pages

43-2-415
Section 43-2-415 Terms of sale. Such sale may be for cash or on credit not exceeding 12 months,
as the court may direct; and if on credit, notes or bonds, with at least two sufficient sureties,
must be taken by the executor or administrator. (Code 1852, §§1748, 1752; Code 1867, §§2072,
2077; Code 1876, §§2438, 2444; Code 1886, §2097; Code 1896, §147; Code 1907, §2611; Code
1923, §5838; Code 1940, T. 61, §233.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-415.htm - 771 bytes - Match Info - Similar pages

43-2-584
Section 43-2-584 Refunding bond. Such refunding bond must be payable to the executor or administrator
with the will annexed and must be in double the amount directed to be paid or in double the
value of the property to be delivered, to be ascertained by the appraisement or other evidence
satisfactory to the court, with at least two sufficient sureties, conditioned to refund the
amount paid or to return the property or pay the value thereof, with interest on such amount
or value from the time the same was received, should the assets prove insufficient to discharge
the other debts presented and charges and other legacies entitled to priority of payment.
(Code 1852, §1776; Code 1867, §2102; Code 1876, §2479; Code 1886, §2196; Code 1896, §264;
Code 1907, §2740; Code 1923, §5979; Code 1940, T. 61, §339.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-584.htm - 1K - Match Info - Similar pages

43-2-706
Section 43-2-706 Payment of costs. If such issue is decided against the executor or administrator,
the report must be dismissed, and execution for the costs may issue against him and his sureties;
but if it is decided in his favor, the costs must be paid by the contesting creditor, or parties
interested in the estate, or out of the estate, as the court may direct. (Code 1852, §§1835,
1836; Code 1867, §§2184, 2185; Code 1876, §§2556, 2557; Code 1886, §2229; Code 1896,
§297; Code 1907, §2762; Code 1923, §6001; Code 1940, T. 61, §388.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-706.htm - 896 bytes - Match Info - Similar pages

26-5-35
Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file
accounts and vouchers. If a conservator fails to obey any process requiring him or her to
appear and file his or her accounts and vouchers for a final or partial settlement, the court
of probate may, by attachment, compel his or her appearance and may, if on appearance he or
she refuses to file such accounts and vouchers or to show good cause for his or her omission,
imprison him or her for a period not exceeding six months. (Code 1886, §2472; Code 1896,
§2357; Code 1907, §4447; Code 1923, §8220; Code 1940, T. 21, §150; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-5-35.htm - 990 bytes - Match Info - Similar pages

43-2-272
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy. (a)
If the sole executor or all the executors die, resign or are removed, the probate court having
jurisdiction of the estate must grant letters of administration, with will annexed, to the
person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is
removed, the probate court having jurisdiction of the estate must grant letters of administration
of the goods and chattels, rights and credits, unadministered, to the person entitled thereto,
as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886,
§2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-272.htm - 1K - Match Info - Similar pages

43-2-294
Section 43-2-294 Service of citation. A citation to such executor or administrator to appear
and answer the application on a day specified therein must be served on him five days before
the hearing of the complaint. (Code 1852, §1700; Code 1867, §2021; Code 1876, §2390; Code
1886, §2048; Code 1896, §95; Code 1907, §2569; Code 1923, §5792; Code 1940, T. 61, §182.)...

alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-294.htm - 708 bytes - Match Info - Similar pages

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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-393.htm - 1K - Match Info - Similar pages