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45-49-85.60
be conferred without the necessity of the same being invoked in any estate proceeding and may
be exercised at the discretion of the court. (b)(1) That the judges of the probate courts
shall have the same powers and authority which judges of the circuit courts of this state
have in connection with the administration of estates in the circuit courts, including, but
not limited to, the authority to (i) grant private sales of property, (ii) determine title
and/or ownership of assets, real, personal, or mixed, (iii) authorize, order, and direct
paternity testing where there is a question concerning a parent-child relationship, and (iv)
determine heirship. (2) That the chief clerks of the probate courts, appointed pursuant to
statute, shall have the same powers and authority and may do all acts and things and perform
all other duties ministerial and judicial, where there is no contest, that the probate judges
may do and perform under this section. (c) That all laws of pleading and...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
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12-13-1
jurisdiction expressly makes the jurisdiction special or limited. (b) The probate court shall
have original and general jurisdiction over the following matters: (1) The probate of wills.
(2) The granting of letters testamentary and of administration and the repeal or revocation
of the same. (3) All controversies in relation to the right of executorship or of administration.
(4) The settlement of accounts of executors and administrators. (5) The sale and disposition
of the real and personal property belonging to and the distribution of intestate's
estates. (6) The appointment and removal of guardians for minors and persons of unsound mind.
(7) All controversies as to the right of guardianship and the settlement of guardians' accounts.
(8) The allotment of dower in land in the cases provided by law. (9) The partition of lands
within their counties. (10) The change of the name of any person residing in their county,
upon his filing a declaration in writing, signed by him,...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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12-1-14
Section 12-1-14 Appointment, powers, compensation, etc., of special judges for circuit, district,
or probate court. Should the need for special judges in the circuit court, district court
or probate court arise, the Supreme Court may appoint and commission special circuit judges
or special district court judges or special probate judges for temporary service; provided,
however, that the person so appointed shall possess the qualifications of the judgeship to
which he is appointed. Such special judges shall qualify by taking the oath of office prescribed
in the Constitution. Such appointment shall confer on the special judge all powers, authority
and jurisdiction of the respective judgeship to which he is appointed. Such special judge
shall receive as compensation for his services a sum not to exceed $100.00 a day as established
by rule and reimbursement for his actual and necessary expenses, including, but not limited
to, transportation costs, food and lodging, to be paid out of the...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate
court and have served in the capacity of judge for at least six consecutive years. (2) Be
admitted to the practice of law in Alabama. (3) Be an active member in good standing of the
Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge
of a case under this chapter only if all of the following occur: (1) All parties to the action
file a written petition with the circuit clerk of the court in which the action is pending
requesting a private judge and naming the person whom the parties wish to have as private
judge. The petition shall be accompanied by a form signed by the private judge selected consenting
to the appointment. (2) The case is one over which the court in which the former judge served
would have had subject matter and monetary jurisdiction. (3) The case...
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17-4-4
Section 17-4-4 Information of deaths, incompetency, and convictions to be furnished to boards
of registrars; rulemaking authority. (a) In addition to all other duties now required by law,
the Office of Vital Statistics of the State Department of Public Health shall furnish to the
board of registrars of the county in which such district is located, once each month, a report
of the death of all persons over 18 years of age who resided in such registration district.
(b) In addition to all other duties now required by law, the judges of probate of the several
counties of this state shall furnish to the board of registrars of their respective counties,
once each month, a list of all residents of the county, 18 years of age or over, who have
been declared mentally incompetent. (c) In addition to all other duties required by law, the
clerks of the circuit and district courts of this state shall furnish to the board of registrars
of each county, once each month, a list of all residents of that...
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40-2-11
be borne by every kind of property in this state and to ascertain the proper amount of license,
privilege, excise, corporation, franchise, income, or ad valorem taxes. b. To require reporting
of retail sales and customer notification, within constitutional limitations, when the seller
does not collect sales, use, or simplified sellers use tax on Alabama sales transactions,
and to provide for penalties pursuant to Section 40-2A-11. c. To require reporting of rental
transactions of tangible personal property as defined in Section 40-12-220, when the
property is classified as Class II or Class IV property under Section 40-8-1, by persons facilitating
the transactions and to require notifications to the lessor when the lessor has not furnished
evidence that it has acquired a license as required under Section 40-12-221, and to provide
for penalties pursuant to Section 40-2A-11. (8) To cause the deposition of witnesses residing
within or without the state to be taken upon such notice to...
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12-19-90
1.00 (17) Examining and entering decree or other order ..... 3.00 (18) Drafting decree .....
10.00 (19) Each certificate with seal 3.00 (20) Each certificate without seal ..... 3.00 (21)
Filing and docketing each claim ..... 3.00 (22) Filing and recording, including recording
documents filed for record, irrespective of size type, per page ..... 3.00 (23) Filing and
recording all oil, gas, mineral and/or coal leases, per page ..... 3.00 (24) If the instrument
conveys any interest in real or personal property within this state and recites more
than two grantors or grantees, mortgagors or mortgagees, lessors or lessees, transferors or
transferees, assignors or assignees, buyers or sellers, or vendors or vendees, an additional
fee for indexing each name in excess of two entered in the direct index or two entered in
the reverse index ..... 1.00 (25) Copy of an instrument, per page ..... 1.00 (26) Each entry
of an estray, to be paid by taker ..... 3.00 (27) Each record of a mark or brand...
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43-2-40
Section 43-2-40 Generally. Courts of probate, within their respective counties, have authority
to grant letters of administration on the estates of persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where
the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving
assets therein. (4) Where the intestate, not being an inhabitant of the state, dies, leaving
no assets therein, and assets are afterwards brought into the county. (5) Where the intestate,
being an inhabitant of the state, dies, leaving no assets subject to administration in the
county of his residence, and no administration has been granted in such county within three
months after the death of the intestate, then administration may be granted in any county
where the intestate leaves assets. (Code 1852, ยง1667; Code 1867,...
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