5-5A-39
Section 5-5A-39 Disposition of small deposits of deceased person - Time for payment; when payment
prohibited. No payment shall be made pursuant to Section 5-5A-38 by the bank before the lapse
of 60 days from the date of the death of the deceased, and no payment shall be made by the
bank under this section if letters testamentary or of administration have been issued to a
personal representative or a proceeding is pending in the court in this state which
would have jurisdiction of the administration of the estate. The bank shall be fully protected
by requiring an affidavit by some reputable citizen as to the facts specified. (Acts 1980,
No. 80-658, §5-5-39.)...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative.
The personal representative of a deceased person, by appointment of a court having
jurisdiction in any state other than the state of Alabama, may receive and collect any indebtedness
or bank deposit owing to the deceased by any person who is a resident of Alabama, and such
personal representative may execute a release, discharge and satisfaction of such indebtedness.
Such personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but
no such collection shall be made until the lapse of 60 days from the date of the death of
the deceased, and no such collection shall be made if proceedings are pending for the...
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5-17-16
to the persons having the actual custody or control of the minor child or children of the deceased;
provided, that such person, if not the legal guardian, shall execute to the probate judge
of the county a bond in the penal sum of double the amount of such deposit for the faithful
accounting of the money so received, which shall be approved by the probate judge, or, if
there is no minor child or children, to the person or persons who under the laws of Alabama
are the heirs and inherit the personal property of the deceased. No such payment is
to be made before the lapse of 60 days from the date of the death of the deceased, and no
such payment must be made by the credit union under this section if letters testamentary or
of administration have been issued to a personal representative or a proceeding is
pending to probate a will of the deceased, or if a petition of letters of administration on
the estate of the deceased is pending in the court in this state which would have...
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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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40-10-4
receipt demanded addressed to the tax collector of the county; and with his endorsement thereon,
showing how and when served or showing his reason for not serving the same, and it must be
by the collector or his deputy returned into court on or before the first day of the next
term thereof. (b) If the party against whom such assessment was made has since died, and letters
testamentary or of administration have been granted upon his estate, such notice must in like
manner be served on his personal representatives, if a resident of the county. If the
property or other subjects embraced in any assessment were returned or listed by a guardian
or other person for a minor or person of unsound mind or by a trustee for his cestui que trust,
except husband or wife, or by personal representative for the estate of any deceased
person, or by a public officer, receiver, or appointee of any court, such notice must in like
manner be served on the party making the return, or his successor, and also...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject additions
to the trust property from a settlor or any other person, including, but not being limited
to, the authority to receive, collect, hold, and retain common or preferred stock or other
interests in the trustee or any related party; (2) acquire or sell property, for cash or on
credit, at public or private sale; (3) exchange, partition, or otherwise change the character
of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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43-2-660
Section 43-2-660 When presumption arises. When the administration of the estate of a deceased
person shall be pending in any court, and the records of such court shall show that letters
testamentary or letters of administration on such estate were issued and that 20 years or
more have elapsed since six months after such letters were issued, without further action
in said cause, or if any further action was taken in said cause, and 20 or more years have
elapsed since any such action, and if all bequests and legacies provided for in a will being
administered in such cause have been payable or demandable for more than 20 years, and if
the executor or administrator in such cause shall not for 20 or more years have made any payment
or partial payment or promise of payment of any claim against such estate or of any bequest,
devise or distributive share due from such estate, then it shall be conclusively presumed
that final settlement of said estate has been made by the executor or...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative
or filing of petition under Section 43-2-692. (a) The personal representative, or person
filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division
10 of this article, shall give notice of his or her appointment, or the filing of a petition
in accordance with Section 43-2-692, to the Medicaid Agency. The notice shall include all
of the following information: (1) The full legal name of the deceased. (2) The date of birth
of the deceased. (3) The date of death of the deceased. (4) The Social Security number of
the deceased. (5) The marital status of the deceased at the time of death. (6) The name, address,
and phone number of the spouse of the deceased, if applicable. (7) The court in which a probate
estate has been opened. (8) The probate case number. (9) The date on which letters testamentary
or letters of administration were issued by the probate court. (10) The name,...
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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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