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
National Guard, army or air, as defined in Section 31-2-3. (b) For the purposes of this chapter,
the following described persons shall be conclusively presumed to be wholly dependent: (1)
A wife, unless it be shown that she was voluntarily living apart from her husband at the time
of his death, or unless it be shown that the husband was not in any way contributing to her
support and had not in any way contributed to her support for more than 12 months next preceding
the occurrence of the injury causing his death. (2) Minor children under the age of
18 years and those over 18 if physically and mentally incapacitated from earning. (3) A wife,
child, mother, father, grandmother, grandfather, sister, brother, mother-in-law, and father-in-law
who were wholly supported by the deceased Alabama national guardsman, at the time of his death
and for a reasonable period of time prior thereto, shall be considered his dependents and
payment of compensation may be made to them as authorized in...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
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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
or police officer who has not executed within the time hereinafter specified an instrument
which shall provide that in the event of his or her death the board of managers of this supplemental
pension system shall receive the return of contributions made by him or her to this supplemental
pension system and to the general retirement and relief system created by Act 929, which if
he or she had not executed the instrument would be returnable to his or her severance nominee,
his or her personal representatives, his or her spouse, children, father, mother, sisters,
or brothers of the deceased, or to any other person. To render this section applicable the
firefighter or police officer may execute the instrument at any time prior to his or her having
accumulated as much as 20 years of credited service under Act 929. Such instrument when executed
shall be revocable by the firefighter or police officer executing the same until he or she
has accumulated at least 20 years of credited...
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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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