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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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43-8-53
Section 43-8-53 Controversy as to advancements - Contest of answer. Upon the rendition of the
report or answer of the distributee or heir alleged to have received an advancement, or of
his legal representatives or heirs, if deceased, if the executor or administrator, or any
of the parties interested in such estate are not satisfied with the report or answer, on the
ground that the same does not set forth all the property received or advanced, or does not
set forth the true value of the property at the time it was received or advanced, or is not
satisfied that the report or answer is true, then, in either case, such party may file objections
thereto, stating the grounds of the objections, and the judge of probate must set a day, at
such time as he may think proper, for hearing and determining, according to the evidence,
as to the amount of property advanced, the time when advanced, and its value when received.
He must give all the parties interested notice of such objections, and of the...
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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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6-10-100
Section 6-10-100 Proceedings to set apart exemptions when administration not granted on decedent's
estate within 60 days after death - Generally. (a) When the property, real or personal, owned
by a decedent at the time of his death does not exceed in amount and value the exemption allowed
in favor of his or her surviving spouse and minor child or children, or either, and no administration
is granted on his estate within 60 days after his death, the probate court of the county in
which he resided at the time of his death, upon the application of the surviving spouse or,
if there is no surviving spouse or he or she does not act, upon the application of a suitable
person who shall be appointed by the judge of probate as the next friend of such minor child
or children, verified by oath and setting forth such facts, as well as the names, condition,
and residence, if known, of the heirs of the decedent other than the minor children of the
decedent, must appoint two commissioners, who shall...
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6-10-87
Section 6-10-87 Report of appraisers or commissioners - Notice to next of kin of decedent of
date set for hearing of report on exemptions. In all cases where exemptions of real or personal
property have been reported by appraisers or commissioners to the surviving spouse and minor
child or children, or either, it shall be the duty of the probate judge, immediately upon
the filing of the report of such appraisers or commissioners, to give 10 days' notice thereof
and of the day set for the hearing of said report to the next of kin of decedent, which date
of hearing shall not be less than 30 days from the filing of said report. If any of said next
of kin are nonresidents of the state, said notice shall be given by publication once a week
for three successive weeks in some newspaper published in the county or, if none is published
in the county, by posting such notice for said length of time at the courthouse door and three
other public places in the county. (Code 1923, ยง7934; Code 1940,...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of hearing.
On the filing of the application, the court must make and enter an order appointing the day
for the hearing thereof. If the owner of the land resides within the state, the court must
issue notice to him of the application and of the day of the hearing thereof, which must be
served by the sheriff or other legal officer at least 10 days before the day appointed for
the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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40-5-36
Section 40-5-36 Reports and payments into particular treasuries - Procedure. The tax collector
on October 15 of each year and on the first and fifteenth day of each month thereafter shall
make under oath, to the county treasurer and school treasurer or, if there is no county treasurer
or school treasurer in the county, to the custodian of the funds of the county and schools,
an itemized report in writing, a copy of which shall be by the collector forwarded to the
Comptroller, and a copy filed with the probate judge, setting forth separately the taxes,
interest, and penalties collected by him for the state, county, and schools since the making
of his last report; and within five days after making such report, he must pay to the State
Treasurer all state taxes, interest, and penalties then due from him to the state, and he
must also pay to the county treasurer and to the school treasurer or, if there is no county
treasurer or school treasurer in the county, to the custodian of the funds...
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16-13-184
Section 16-13-184 Election officers; conduct of election. (a) The inspectors and officers of
the special county election shall be appointed and said election shall be held and the results
of such election shall be declared in the same manner and by the same officers as the results
of the regular election for county officers, under the general election laws of the state;
provided, that the election may be held at the time for holding any regular election in the
county; and, if held at such time, the inspectors and officers of the general election shall
conduct at the same time the election herein provided for and for such services they shall
receive no compensation other than that allowed them for the holding of the general election.
If the election is held at some other time than that of holding the regular election in the
county, then the election officers shall receive the same pay as that for holding the general
election. (b) The managers and returning officers, provided for above,...
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16-13-96
Section 16-13-96 Sale - Generally. All warrants issued hereunder shall be sold to the highest
bidder at public sale unless sold at a better price within 30 days after failure to receive
any acceptable bid at a duly advertised public sale in accordance with this section. A public
sale shall be either on sealed bids or at auction. Bidders may be invited to name the rate
or rates of interest which the warrants are to bear or the board of education may name a rate
or rates of interest and invite bids thereon. The notice of a public sale shall state whether
the sale is to be on sealed bids or at auction and shall also state the amount of the warrants
to be sold, the maturities thereof, whether county or district tax is to be pledged, the amount
payable at each maturity and either the rate or rates of interest which the warrants are to
bear or that the bidders are invited to name the rate or rates of interest and shall also
state the time and place of the meeting of the board of education at...
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