26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear
and file accounts and vouchers on appointed day. If such conservator or personal representative
fails to appear and file his or her accounts and vouchers for settlement, any person having
an interest may appear and contest such account and the court must hear and determine such
contest and, whether such contest be made or not, must render a decree on such account which
has the force and effect of a decree rendered on a voluntary settlement by such conservator
or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code
1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-9-12
Section 26-9-12 Furnishing of copy of public record used to determine eligibility for benefits
to applicant for benefits. Whenever a copy of any public record is required by the administration
to be used in determining the eligibility of any person to participate in benefits made available
by such administration, the official charged with the custody of such public record shall
without charge provide the applicant for such benefits or any person acting on his or her
behalf or the representative of such administration with a certified copy of such record.
(Acts 1931, No. 240, p. 280; Code 1940, T. 21, §174.)...
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26-9-7
Section 26-9-7 Procedure for appointment of guardian - Certification as to incompetence, etc.,
of mentally incompetent ward. Where a petition is filed for the appointment of a guardian
of a mentally incompetent ward, a certificate of the administrator or his or her representative
setting forth the fact that such person has been rated incompetent by the administration on
examination in accordance with the laws and regulations governing such administration and
that the appointment of a guardian is a condition precedent to the payment of any moneys due
such persons by the administration shall be prima facie evidence of the necessity for such
appointment. (Acts 1931, No. 240, p. 280; Code 1940, T. 21, §165.)...
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43-2-48
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters
to a special administrator or to any general administrator, sheriff or coroner, granted by
any court having jurisdiction, are conclusive evidence of the authority of the person to whom
the same are granted, from the date thereof until the same are revoked; and, when granted,
such letters exclude the probate court of every other county from the jurisdiction thereof
and extend to all the property of the deceased in the state. (Code 1852, §1693; Code 1867,
§2014; Code 1876, §2376; Code 1886, §2034; Code 1896, §77; Code 1907, §2530; Code 1923,
§5752; Code 1940, T. 61, §87.)...
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43-2-482
Section 43-2-482 Notice; proceedings; order of sale. Notice of the filing of such petition
must be given as provided by law on petition by the personal representative to sell lands
for division or for the payment of debts, and testimony shall be taken and all other proceedings
had and the sale, if ordered, shall be made as now provided by law for the sale of lands by
personal representatives for the payment of debts. (Acts 1923, No. 481, p. 632; Code 1923,
§5885; Code 1940, T. 61, §279.)...
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43-2-560
Section 43-2-560 Settlement by sureties of deceased executor or administrator - Filing account
and vouchers. In case of the death of an executor or administrator who had not made a final
settlement of his executorship or administration, and where letters of administration or testamentary
have not been granted on his estate, the sureties on his official bond may proceed to make
settlement of his administration of said estate as executor or administrator in the probate
court having jurisdiction thereof by filing an account and vouchers for final settlement with
the heirs and distributees, or with the administrator de bonis non, or cestui que trust, or
minors and guardian ad litem, where minors are interested. (Acts 1915, No. 98, p. 138; Code
1923, §5935; Code 1940, T. 61, §330.)...
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43-2-82
Section 43-2-82 Liability of judge of probate, etc., in taking bond. When a party is required
to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable
for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking
an insufficient bond from any personal representative, fiduciary, or someone serving in a
similar capacity. Any person injured thereby may maintain an action against the judge and
his or her sureties and recover for the injury proved. (Code 1852, §1692; Code 1867, §2013;
Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code 1923, §5767;
Code 1940, T. 61, §101; Act 2017-174, §1.)...
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6-10-92
Section 6-10-92 Exceptions to report of appraisers that homestead does not exceed allowance.
When the report of the appraisers shows that the homestead does not exceed in value $6,000,
exceptions may be filed thereto by the personal representative or other person in adverse
interest; and, if such exceptions are filed, proceedings may be had thereof as in case of
a report allotting or setting apart the homestead. (Code 1886, §2560; Code 1896, §2090;
Code 1907, §4217; Code 1923, §7940; Code 1940, T. 7, §683; Acts 1951, No. 911, p. 1558,
§1; Acts 1982, No. 82-399, p. 578, §8-102.)...
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11-50-82
Section 11-50-82 Effect and correction of defects or errors in notice. If there is any defect
in said notice or proceedings before or subsequent to said notice with respect to one or more
interested persons, the same shall not affect such notice or proceedings except insofar as
it may touch the interest or property of such person or persons and shall not avail any other
person concerned therein. In case of such defect, supplementary proceedings of the same general
character as those prescribed in this division may be had in order to supply such defects.
(Acts 1923, No. 165, p. 134; Code 1923, §2095; Code 1940, T. 37, §620.)...
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11-81-164
Section 11-81-164 Notice of adoption of authorization proceedings for issuance of bonds; limitation
period for actions to set aside authorization proceedings, restrain issuance of bonds, etc.
(a) After the adoption of authorizing proceedings providing for the issuance of bonds under
this article, the borrower shall cause to be published once a week for two successive weeks
in a newspaper either published or having general circulation within the limits of the county
or municipality, as the case may be, proposing to issue such bonds, a notice in substantially
the following form (the blanks being first properly filled in), with the printed or written
signature of the clerk or other recording officer of the borrower appended thereto: "An
ordinance (or resolution) authorizing the issuance of $_____ principal amount of revenue bonds
of (here insert name of the borrower) under the provisions of Title 11, Chapter 81, Article
5 of the Code of Alabama, as amended, was duly passed by the (here...
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