43-2-255
Section 43-2-255 Duty of judge, clerk or register to make payment; penalty. It shall be the
duty of the judge of probate, clerk or register receiving the money to pay over the same,
less one half of one percent thereon, to the person entitled thereto, on demand; and for failure
to do so, he incurs a penalty in favor of such person of 10 percent thereon, which, together
with the money received and interest thereon, may be recovered by suit on his bond. (Code
1876, §2629; Code 1886, §2288; Code 1896, §357; Code 1907, §2823; Code 1923, §6062; Code
1940, T. 61, §170.)...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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12-19-47
Section 12-19-47 Liability for receiving unauthorized fees - Probate judges. (a) Any probate
judge who knowingly receives any other or higher fees than are allowed by law shall forfeit
$50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal
representative or guardian, shall be assets of the estate. This penalty shall be no bar to
an indictment for extortion. (b) Any probate judge who corruptly receives any fee or item
of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more
than $500.00, and the grand jury must present an indictment, if justified by the evidence.
Upon such conviction, the office shall be vacated and the fact of such conviction shall be
certified to the Governor by the presiding judge. (Code 1852, §§3066, 3068; Code 1867, §§3537,
3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code
1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11,...
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26-3-11
Section 26-3-11 Liability of sureties upon certain conditionally executed bonds. A surety on
the bond of the general conservator of the county or on the bond of the conservator of a minor
or an incapacitated person cannot avoid liability thereon on the ground that he or she signed
or delivered it on condition that it should not be delivered to the judge of probate or should
not become perfect unless it was executed by some other person who does not execute it. (Code
1886, §2388; Code 1896, §2282; Code 1907, §4372; Code 1923, §8145; Code 1940, T. 21, §37;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-45
Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents
- When removal of person and estate of minor or ward permitted. The guardian may remove the
person or the conservator may remove the estate of a minor or ward to another state by making
a full settlement with the judge of the probate court where his or her letters were granted
of his or her conservator accounts and by procuring a transcript of the record of a court
of competent jurisdiction of such other state, certified according to the act of Congress,
showing the appointment of such person as guardian or conservator of the minor or ward, the
execution of bond by the conservator with surety for the performance of the trust. Thereupon,
the judge of probate must make an order authorizing such removal. (Code 1852, §2031; Code
1867, §2441; Code 1876, §2796; Code 1886, §2493; Code 1896, §2379; Code 1907, §4469;
Code 1923, §8242; Code 1940, T. 21, §114; Acts 1987, No. 87-590, p. 975,...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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40-22-2
Section 40-22-2 Mortgages, deeds of trust, etc., generally. No mortgage, deed of trust, contract
of conditional sale, or other instrument of like character which is given to secure the payment
of any debt which conveys any real or personal property situated within this state or any
interest therein or any security agreement or financing statement provided for by the Uniform
Commercial Code, except a security agreement or a financing statement relating solely to security
interests in accounts, contract rights, or general intangibles, as such terms are defined
in the Uniform Commercial Code, and except for the re-recordation of corrected mortgages,
deeds, or instruments executed for the purpose of perfecting the title to real or personal
property, specifically, but not limited to, corrections of maturity dates thereof, shall be
received for record or for filing in the office of any probate judge of this state unless
the following privilege or license taxes shall have been paid upon such...
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8-15-3
Section 8-15-3 Permit - Required; application; fees. (a) The judge of probate of the county
may not issue a license permitting anyone to transact business as a public warehouseman unless
the person presents to the judge of probate a permit to transact such business issued by the
Commissioner of Agriculture and Industries showing that he or she has complied with all the
provisions of the law and rules and regulations promulgated by the State Board of Agriculture
and Industries relative to public warehouses. (b) Any person desiring to operate a public
warehouse shall file with the Commissioner of Agriculture and Industries, upon forms prescribed
by the commissioner, a written application, verified by affidavit, which shall set forth the
location and the name of such warehouse and the name of such person interested as owner or
principal in the management of the same or, if it is managed or controlled by a corporation,
the names of the president, secretary, and treasurer of such...
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12-13-40
Section 12-13-40 Powers of probate judges generally. The probate judge shall have authority:
(1) To administer oaths and take and certify the same in all cases in which administering
such oath and taking such affidavit is not confined expressly to some other officer; (2) To
cause jurors to be impaneled and sworn in any matter of fact pending before him in which the
right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons
of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee
or other person connected with his office or related to him by consanguinity or affinity;
(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary,
for whose official acts he shall be responsible; (5) To complete the minute entries and decrees
of the court when the same are incomplete on account of the failure to make necessary entries
at the time when they should have been made, but the necessary...
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40-5-17
Section 40-5-17 Levy and sale of personal property - When delinquent taxpayer has left county.
When the collector has information that any person owing taxes in his county, whether due
or not, has left the county, he shall make out and certify to the judge of probate a bill
against such person and procure the approval thereof by the judge of probate in all respects
as provided in Section 40-5-31, and such bill shall operate as a writ of fieri facias, and
the same may be executed by the collector if the personal property of the taxpayer is found
in his county or may be by such collector forwarded to the collector of any county in which
the taxpayer has any property, and the collector of such other county, on the receipt of such
writ, shall file the same for record in the probate office in his county and, without delay
shall give notice to the delinquent taxpayer in person or by certified or registered mail,
return receipt demanded. On failure of said delinquent taxpayer to satisfy after...
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