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43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is one, otherwise
the distributees of an estate of personal property only, may initiate a proceeding for summary
distribution of the estate by filing a verified petition in the office of the judge of probate
of the county in which the decedent was domiciled at death alleging the conditions provided
in subsection (b). The petition shall include a description of the estate of the decedent.
No bond shall be required to be filed with the petition. (b) The surviving spouse or distributee
shall have a defeasible right to the personal property of the decedent without awaiting the
appointment of a personal representative or the probate of a will if all of the following
conditions exist: (1) The value of the entire estate does not exceed twenty-five thousand
dollars ($25,000). This figure shall be adjusted annually for...
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26-3-4
Section 26-3-4 Requirement by probate court of bond from testamentary conservator of minor;
effect of failure to give bond. Before the issue of letters of conservatorship to a testamentary
conservator relieved from giving bond and sureties or at any time thereafter, if the judge
of probate deems it necessary for the safety of such minor child or children, he or she may
require of such conservator bond with sufficient sureties, or, on the application of such
minor child or children by next friend and for good cause shown, he or she may require of
such conservator bond with sufficient sureties. In either case, if such conservator fails
for 10 days after the requisition of such bond to give the same, the judge of probate must
withhold from his or her letters of conservatorship or, if letters have issued, must remove
him or her and recall and revoke such letters. (Code 1852, §2018; Code 1867, §2417; Code
1876, §2762; Code 1886, §2380; Code 1896, §2275; Code 1907, §4365; Code 1923,...
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31-3-1
Section 31-3-1 Definitions. (a) The following words and phrases when used in this chapter shall
have the following meanings, respectively, unless the context shall clearly indicate a different
meaning in the connection used: (1) AWARDING AUTHORITY. The State Board of Adjustment, created
and existing pursuant to Article 4 of Chapter 9 of Title 41 of this Code. (2) CHILD or CHILDREN.
Such term includes posthumous children and all other children entitled by law to inherit as
children of the deceased, also stepchildren who were members of the family of the deceased
at the time of his death, and dependent upon him for support, also a grandchild of the deceased
Alabama national guardsman, whose father is dead or is an invalid, and who was supported by
and was a member of the family of such deceased grandparent at the time of his death. (3)
DEPENDENT CHILD. An unmarried child under the age of 18 years, or one over that age who is
physically or mentally incapacitated from earning. (4) ALABAMA...
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34-13-11
Section 34-13-11 Authorizing agent; right of disposition. (a) A person, who is at least 18
years of age and of sound mind, may enter into a contract to act as authorizing agent and
direct the location, manner, and conditions of disposition of remains and arrange for funeral
goods and services to be provided upon death. Except as otherwise provided in subsection (b),
the right to control the disposition of the remains of a deceased person as an authorizing
agent, including the location, manner, and conditions of disposition and arrangements for
funeral goods and services to be provided, shall vest in the following persons in the priority
listed and the order named, provided the person is at least 18 years of age and of sound mind:
(1) The person designated by the decedent as authorized to direct disposition pursuant to
Public Law No. 109-163, Section 564, as listed on the decedent's United States Department
of Defense Record of Emergency Data, DD Form 93, or its successor form, if the...
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43-2-833
Section 43-2-833 General duties; relation and liability to persons interested in estate; standing
to sue. (a) A personal representative is a fiduciary. Except as otherwise provided by the
terms of the will, the personal representative shall observe the standards in dealing with
the estate that would be observed by a prudent person dealing with the property of another.
If the personal representative has special skills or is named personal representative on the
basis of representations of special skills or expertise, the personal representative is under
a duty to use those skills. A personal representative is under a duty to settle and distribute
the estate of the decedent in accordance with the terms of any probated and effective will
and Title 43, and as expeditiously and efficiently as is consistent with the best interests
of the estate. The personal representative shall use the authority conferred upon personal
representatives by law, the terms of the will, if any, and any order in...
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6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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6-10-24
Section 6-10-24 Declaration of claimed exemptions - Effect of waiver or contest. After such
declaration of claim has been filed for record, the property therein embraced shall not be
subject to levy unless there is endorsed on the process the fact that there has been a waiver
of exemption as to the kind of property on which the levy is sought to be made or the claim
is contested. (Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172;
Code 1923, §7894; Code 1940, T. 7, §637.)...
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21-1-11
Section 21-1-11 Attendance of blind, deaf, or mute children of mandatory age - Exemptions.
The following children, when issued a certificate of exemption by the county superintendent
of education, when the child resides in territory under the control of the county board of
education, or by the city superintendent, when the child resides in territory under a city
board of education, shall not be required to attend the Alabama Institute for Deaf and Blind:
(1) A child whose physical or mental condition is such as to render inadvisable his attendance
at the aforesaid school, such mental or physical condition to be determined by the county
health officer before the issuance of certificate of exemption; or (2) A child who may be
attending a public, private, denominational, or parochial school, within or without the State
of Alabama, in which competent teachers, certified in deaf education or in vision, are instructors
for the entire length of the school term in every scholastic year, the...
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45-37A-51.07
Section 45-37A-51.07 Retirement allowance and survivor's allowance. (a)(1) The words, terms,
and phrases of this section shall have the meaning ascribed to them by Act 929, unless it
appears from the context that a different meaning is intended. As used in this section and
Section 45-37A-51.11, these words and terms have the meanings hereby accorded them: a. DEFERRED
PENSION UNDER THE GENERAL RETIREMENT AND RELIEF SYSTEM. A pension granted to a firefighter
or police officer under Act 929, the payment of which does not commence until the pension
granted to such firefighter or police officer under this subpart ceases. b. DISABLED CHILD.
A firefighter's or police officer's son or daughter regardless of age who becomes disabled
prior to attaining age 18 with a medically determinable physical or mental impairment or impairments,
by reason of which impairment, or impairments, the son or daughter has been unable, and continues
to be unable, to engage in any substantially gainful activity. c....
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16-28-3
Section 16-28-3 Ages of children required to attend school; exemption for church school students;
transfer students. (a) Except as otherwise provided in subsection (b), every child between
the ages of six and 17 years shall be required to attend a public school, private school,
church school, or be instructed by a competent private tutor for the entire length of the
school term in every scholastic year except that, prior to attaining his or her 16th birthday
every child attending a church school as defined in Section 16-28-1 is exempt from the requirements
of this section, provided the child complies with enrollment and reporting procedures specified
in Section 16-28-7. Admission to public school shall be on an individual basis on the application
of the parents, legal custodian, or guardian of the child to the local board of education
at the beginning of each school year, under the rules as the board may prescribe; provided,
a person who is under 19 years of age and on track to...
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