Code of Alabama

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26-2A-134
Section 26-2A-134 Notice. (a) On a petition for appointment of a conservator or other protective
order, the requirements for notice described in Section 26-2A-103 apply, but (i) if the person
to be protected has disappeared or is otherwise situated so as to make personal service of
notice impracticable, notice to the person must be given by publication as provided in Section
26-2A-50, and (ii) if the person to be protected is a minor, the provisions of Section 26-2A-75
also apply. (b) Notice, as described in Section 26-2A-103, of any hearing on a petition for
an order subsequent to appointment of a conservator or other protective order must be given
to the protected person, any conservator of the protected person's estate, and any other person
as ordered by the court. (Acts 1987, No. 87-590, p. 975, §2-305.)...
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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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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.)...

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43-2-724
Section 43-2-724 Former letters revoked upon appointment; property vested in administrator.
Whenever an administrator is appointed under the provisions of this division, any former grant
of letters on the estate is thereby revoked; and the property of such estate is thereby vested
in such administrator. (Code 1852, §1846; Code 1867, §2195; Code 1876, §2567; Code 1886,
§2237; Code 1896, §305; Code 1907, §2773; Code 1923, §6012; Code 1940, T. 61, §399.)...

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6-9-87
Section 6-9-87 Sale of levied property - Notice. In sales of personal property, notice must
be given by advertisement at the courthouse door and also by publication in a newspaper, if
one is published in the county, for 10 days previous to such sale, but only one insertion
in such newspaper shall be necessary. In sales of real property, the publication in such newspaper
must be once a week for three successive weeks and by posting up notice for 30 days at the
courthouse door previous to the sale. (Code 1852, §2447; Code 1867, §2861; Code 1876, §3199;
Code 1886, §2908; Code 1896, §1906; Code 1907, §4110; Code 1923, §7825; Code 1940, T.
7, §536.)...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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26-2A-77
Section 26-2A-77 Consent to service by acceptance of appointment; notice. By accepting a parental
or court appointment as guardian, a guardian submits personally to the jurisdiction of the
court in any proceeding relating to the guardianship that may be instituted by any interested
person. The petitioner shall cause notice of any proceeding to be delivered or mailed to the
guardian at the guardian's address listed in the court records and to the address then known
to the petitioner. Letters of guardianship must indicate whether the guardian was appointed
by court order or parental appointment. (Acts 1987, No. 87-590, p. 975, §2-108.)...
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35-11-230
Section 35-11-230 Actions against personal representatives. The provisions of this Code prohibiting
the bringing of actions against personal representatives within six months after the grant
of letters shall not apply to actions brought under the provisions of this division. (Code
1886, §3043; Code 1896, §2748; Code 1907, §4779; Code 1923, §8857; Code 1940, T. 33, §60.)...

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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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43-2-212
Section 43-2-212 Action not affected by grant of letters of administration in state; right
of intervention. No civil action brought by any foreign executor or administrator, under the
provisions of section 43-2-211, must be abated, barred or affected by the grant of letters
of administration in this state, either prior or subsequent to the institution of such action;
but, in such case, the administrator appointed in this state may, if necessary for the protection
of creditors, distributees, or legatees, resident in this state, intervene in such action
and shall be entitled to the recovery therein. (Code 1867, §2293; Code 1876, §2637; Code
1886, §2291; Code 1896, §360; Code 1907, §2826; Code 1923, §6065; Code 1940, T. 61, §152.)...

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