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12-21-163
Section 12-21-163 Witness having interest. In civil actions and proceedings, there must be
no exclusion of any witness because he is a party or interested in the issue tried, except
that no person having a pecuniary interest in the result of the action or proceeding shall
be allowed to testify against the party to whom his interest is opposed as to any transaction
with, or statement by, the deceased person whose estate is interested in the result of the
action or proceeding or when such deceased person, at the time of such transaction or statement,
acted in any representative or fiduciary relation whatsoever to the party against whom such
testimony is sought to be introduced, unless called to testify thereto by the party to whom
such interest is opposed or unless the testimony of such deceased person in relation to such
transaction or statement is introduced in evidence by the party whose interest is opposed
to that of the witness or has been taken and is on file in the case. No person...
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17-16-50
Section 17-16-50 Contest of senator or representative in Legislature - Filing. If the contest
is of the election of a senator or representative in the Legislature, the elector contesting
must file in the office of the clerk of the circuit court of any county of the senatorial
district, if such contest is of the election of a senator, or in the office of the clerk of
the circuit court of the county in which the election was held, if the contest is of the election
of a representative in the Legislature, a statement in writing of the grounds of contest,
as provided in this article, and must give good and sufficient security for the costs of such
contest, to be taken and approved by the clerk. The person whose election is contested must
have 10 days' notice of the statement in writing before the taking of testimony. Notice shall
be served by service of a certified copy of such statement by the sheriff or a constable of
the county, and such sheriff or constable must endorse on the original...
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22-19-173
Section 22-19-173 Rights and duties of procurement organization and others. (a) When a hospital
refers an individual at or near death to a procurement organization, the organization shall
make a reasonable search of the records of the Alabama State Law Enforcement Agency and any
donor registry that it knows exists for the geographical area in which the individual resides
to ascertain whether the individual has made an anatomical gift. (b) A procurement organization
must be allowed reasonable access to information in the records of the Alabama State Law Enforcement
Agency to ascertain whether an individual at or near death is a donor. (c) When a hospital
refers an individual at or near death to a procurement organization, the organization may
conduct any reasonable examination necessary to ensure the medical suitability of a part that
is or could be the subject of an anatomical gift for transplantation, therapy, research, or
education from a donor or a prospective donor. During the...
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22-9A-13.1
Section 22-9A-13.1 Certificate of Birth Resulting in Stillbirth. (a) For the purposes of this
section, the following words shall have the following meanings: (1) CERTIFICATE OF BIRTH RESULTING
IN STILLBIRTH. A certificate issued to record and memorialize the birth of a stillborn child.
(2) STILLBIRTH or STILLBORN. An unintended, intrauterine fetal death after a gestational age
of not less than 20 completed weeks. (b) Effective January 1, 2012, the State Registrar shall
issue a Certificate of Birth Resulting in Stillbirth upon the request of a parent named on
a report of fetal death filed on or after January 1, 2007. A Certificate of Birth Resulting
in Stillbirth shall be issued within 60 days from the date of the request. (c) The person
who is required to file a report of fetal death under Section 22-9A-13, shall advise the parent
of a stillborn child: (1) That a parent may, but is not required to, request the preparation
of a Certificate of Birth Resulting in Stillbirth. (2) That a...
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26-2A-53
Section 26-2A-53 Request for notice; interested person. Upon payment of any required fee, an
interested person who desires to be notified before any order is made in a guardianship proceeding,
including any proceeding subsequent to the appointment of a guardian under Section 26-2A-111,
or in a protective proceeding under Section 26-2A-130, may file a request for notice with
the clerk of the court in which the proceeding is pending. The clerk shall mail a copy of
the request to the guardian and to the conservator if one has been appointed. A request is
not effective unless it contains a statement showing the interest of the person making it
and the address of that person or an attorney to whom notice is to be given. The request is
effective only as to proceedings occurring after the filing. Any governmental agency paying
or planning to pay benefits to the person to be protected is an interested person in protective
proceedings. (Acts 1987, No. 87-590, p. 975, ยง1-404.)...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a) The State
of Alabama shall have a lien for all taxes and interest thereon which are or may become due
hereunder on all property which a decedent dies seized or possessed of subject to taxes under
this chapter, in whatever form of investment it may happen to be, and all property acquired
in substitution therefor. (b) The personal representative of an estate may execute and record
in the county of last domicile of the decedent and wherever the decedent's probate estate
is pending, an affidavit certifying that the estate is not taxable or alternatively, an affidavit
certifying that the estate is taxable and that the proper copy of the federal estate tax return
has or will be filed with the department within the proper time limits as provided by law.
The affidavit shall begin by stating that it is being filed in accordance with this section.
The content of the affidavit shall include, but not be limited to,...
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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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43-2-848
Section 43-2-848 Compensation of personal representative. (a) A personal representative is
entitled to reasonable compensation for services as may appear to the court to be fair considering
such factors that may include, but are not limited to, the novelty and difficulty of the administrative
process, the skill requisite to perform the service, the likelihood that the acceptance of
the particular employment will preclude other employment, the fee customarily charged in the
locality for similar services, the amount involved and the results obtained, the requirements
imposed by the circumstances and condition of the estate, the nature and length of the professional
relationship with the decedent, the experience, reputation, diligence, and ability of the
person performing the services, the liability, financial or otherwise, of the personal representative,
or the risk and responsibility involved, which shall not exceed two and one-half percent of
the value of all property received and...
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