43-8-166
Section 43-8-166 Notice to surviving spouse and next of kin - Persons outside state. If either
the surviving spouse or next of kin reside and are without the state, notice of such application
must be given by publication once a week for three successive weeks in a newspaper published
in the county in which such application is made, and if no paper is published therein, by
posting of the same at the courthouse three weeks before such application is heard. In lieu
of the notice herein provided, notice may be had on such persons as provided by the Alabama
Rules of Civil Procedure. (Code 1852, §1633; Code 1867, §1952; Code 1876, §2316; Code 1886,
§1988; Code 1896, §4286; Code 1907, §6195; Code 1923, §10624; Code 1940, T. 61, §50;
Code 1975, §43-1-43.)...
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43-2-295
Section 43-2-295 Notice by publication. If such executor or administrator is not an inhabitant
of the state, or is absent therefrom, upon such fact being shown by proof satisfactory to
the judge, he must direct notice of such application to be given by publication for three
successive weeks in some newspaper published in the county, or if none is published therein
in the newspaper published nearest to the courthouse thereof; and the applicant must pay the
expense of such publication, which may be taxed as costs. (Code 1852, §§1701, 1702; Code
1867, §§2022, 2023; Code 1876, §§2391, 2392; Code 1886, §2049; Code 1896, §96; Code
1907, §2570; Code 1923, §5793; Code 1940, T. 61, §183.)...
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35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the
contracting party, which of them are of full age and which are minors; and the judge of probate
must give notice of such petition by 20 days' written notice to the personal representative
and resident heirs of the contracting party, to be served by any sheriff and, if any one or
more are nonresidents, by publication in some newspaper published in his county and in the
county in which the lands lie; or, if none is published therein, the paper published in the
place nearest to the county site of such county, once a week for three successive weeks; and
if, on the hearing of such application, it appears that such agreement or contract was fairly
made and the consideration or conditions of the same paid or performed, such...
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43-2-413
Section 43-2-413 Notice of sale. When the application is granted for the sale of any personal
property, the executor or administrator must give notice of the day, place and terms of sale,
and a description of the property to be sold, by advertisement for three successive weeks
in some newspaper published in the county where the sale is to take place, or, by posting
notice at the courthouse door and at three other public places in the county. But when the
property is perishable, or the expense of keeping it is very great, the sale may be made after
five days' notice, which may be given by one insertion in a newspaper published in the county
where the sale is to take place, or, if there be no such paper, by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this article, the court may direct the giving of notice by printed handbills, or posters,
to be distributed and posted in the manner best calculated to give extended...
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43-2-455
Section 43-2-455 Advertisement of sale. When the application for the sale of land for the payment
of debts or division is granted and the land directed to be sold, the executor or administrator
must give notice of the day, place and terms of sale, and a description of the property to
be sold, by advertisement for three successive weeks in some newspaper published in the county
where the sale is to take place; and in case of a sale of lands lying in one body, but in
more than one county, such notice must be given in each of the counties. If there is no such
paper published in the county or in any county in which notice is required to be given, then,
as to the county having no such paper, the notice must be given by posting at the courthouse
door, and at three other public places in the county. In addition to the notice prescribed
in this section, the court may direct the giving of notice by printed handbills or posters,
to be distributed and posted in the manner best calculated to give...
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43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing. Before
granting such order, the court must require the administrator to file a petition under oath,
setting forth the facts upon which the application is based; and, upon the filing of such
petition, the court must appoint a day for the hearing of the same, and must give 10 days'
notice thereof by advertisement in some newspaper published in the county, or if there be
no newspaper published in the county, then by posting the notice at the courthouse door. On
the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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26-2-48
Section 26-2-48 Appointment of guardian for nonresident incapacitated person having property
within state - Procedure. The application for the appointment of a conservator for such person
must be in writing, must be verified by affidavit and must state the name, sex, age, and residence
of such person, the court by which he or she was declared incapacitated and the property requiring
the care of a conservator. On the filing of such application, the court must appoint a day
for the hearing thereof, notice of which must be given for three successive weeks by publication
in some newspaper published in the county or, if there is no such paper published in the county,
by publication in a paper published in an adjoining county, and a copy of such paper must
be mailed by the probate judge to such person at the post office nearest his or her residence.
The court must appoint a guardian ad litem to represent and defend for such person and it
shall be the duty of such guardian ad litem to put in...
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35-11-171
Section 35-11-171 Enforcement of lien. If such debt remains unpaid for three months or more,
the party rendering such service may sell such article at private or public sale and the proceeds,
after first paying the expenses of the sale shall be applied on the payment of the debt, the
balance, if any to be held for the debtor. If the debtor's residence is known, notice in writing
must be given the debtor of the amount due and the time and place of the sale before said
sale, said notice to be mailed to his street address. If debtor's address is unknown, notice
may be given by posting it in the county courthouse of the city or town where the service
is rendered or the courthouse nearest thereto, for two weeks before said sale, said notice
setting out the time and place said sale will be made and the article or articles to be sold
and the name of the debtor or debtors. Such notice may also be published in a newspaper published
in the county in which such sale is to be had and when so...
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43-2-391
Section 43-2-391 Notice and hearing. Such application must not be heard until 10 days after
the filing thereof, and notice thereof may be given to some person adversely interested whenever
the court may deem just. When, or at such time as the court may continue the hearing, the
court, satisfied that the claim is bad or doubtful, and that a sale or compromise thereof
will promote the interests of the estate, must make and enter a decree directing the sale
or compromise of the claim, as may be best for the interests of the estate. If a sale is decreed,
it must be made by the executor or administrator at the courthouse of the county, or such
other place as the court may direct, at public outcry to the highest bidder for cash, after
having first given notice of the time and place thereof by publication, once a week for three
successive weeks, in some newspaper published in the county, or if none is published therein,
by posting notices for three weeks at the courthouse door, and three...
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