Code of Alabama

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40-5-38
Section 40-5-38 Death of collector. On the death of any tax collector, his personal
representative, general or special, must, out of the first moneys that come into his hands
belonging to the estate of his decedent and as soon as the same come into his hands, pay to
the proper state, county, and school officers the amount of public funds collected by such
decedent not paid over by him at the time of his death and must make settlement with such
officers of any unsettled accounts of such decedent with the state, county, and school officers
touching the affairs of his office, as soon as practicable and not later than the time when
the tax collectors are required to make settlements. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §227.)...
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6-6-521
Section 6-6-521 Securing estate against further waste pending action. Pending such action,
the judge must, by injunction or otherwise, secure the estate against further waste, but no
such order affects the rights of creditors acquired previous to the commencement of the action.
(Code 1867, §2402; Code 1876, §2818; Code 1886, §2505; Code 1896, §838; Code 1907, §4613;
Code 1923, §8557; Code 1940, T. 7, §1066.)...
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13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an
action for an offense defined by this article where the victim is not a minor shall be brought
within five years from the date the victim was removed or escaped from the human trafficking
situation. (2) Any statute of limitations that would otherwise preclude prosecution for an
offense involving the trafficking of a minor, or the physical or sexual abuse of a minor,
shall be tolled until such time as the victim has reached the age of 19 years. (3) The running
of the statute of limitations shall be suspended where a person entitled to bring a claim
of an offense defined by this article could not have reasonably discovered the crime due to
circumstances resulting from the human trafficking situation, such as psychological trauma,
cultural and linguistic isolation, and the inability to access services. (b) Any statute of
limitation period imposed for the filing of a civil action under this article will...
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43-2-60
Section 43-2-60 Generally; time of notice. The personal representative must give notice
of the appointment, stating the name of the deceased, the day on which letters were granted,
by what court, stating the county and notifying all persons having claims against the estate
to present the same within the time allowed by law or that the same will be barred. The notice
of appointment, (1) For actual notice as required in section 43-2-61(1), must be given
as soon as practicable after a creditor's identification is known; and (2) For publication
notice as required in section 43-2-61(2), must be given within thirty days from grant
of letters. (Code 1852, §1734; Code 1867, §2057; Code 1876, §2426; Code 1886, §2075; Code
1896, §122; Code 1907, §2586; Code 1923, §5811; Code 1940, T. 61, §93; Acts 1989, No.
89-811, p. 1618, §1.)...
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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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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed.
If a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects until
after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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11-4-23
Section 11-4-23 Duties generally. It shall be the duty of the county treasurer: (1)
To receive and keep the money of the county and disburse the same as below stated: a. To pay
out of the general fund of the county, on presentation and without being audited and allowed
by the county commission, all grand and petit juror certificates and to pay all other claims
against the general funds that must be allowed and audited only after they have been audited
and allowed and a warrant has issued therefor, but only to the extent so allowed, any warrant
to the contrary notwithstanding, and in making payments from said fund he shall observe the
order of preference as prescribed by Section 11-12-15. b. To keep in well-bound books
separate registers of claims presented against the general fund, the special fund if any and
the fine and forfeiture fund. c. To number and register in the order in which they are presented
all claims against the general fund which have been audited and allowed by the...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation
provided in Section 26-2A-154, a conservator shall have all of the powers conferred
in this section and any additional powers now or hereafter conferred by law on trustees
in this state. In addition, a conservator of the estate of an unmarried minor as to whom no
one has parental rights, has the powers of a guardian of a minor described in Section
26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been
removed, but the parental rights so conferred on a conservator do not preclude appointment
of a guardian as provided in Division 1 of this article. (b) A conservator without court authorization
or confirmation may invest and reinvest funds of the estate as would a trustee. (c) A conservator,
acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without
court authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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43-2-131
Section 43-2-131 Limitation on actions against executor or administrator. No civil action
must be commenced against an executor or administrator, as such, until six months after the
grant of letters testamentary or of administration, unless the executor or administrator has
given notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2276; Code
1876, §2614; Code 1886, §2263; Code 1896, §331; Code 1907, §2803; Code 1923, §6042; Acts
1931, No. 725, p. 841; Code 1940, T. 61, §119.)...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake
has been made in the description of lands of a decedent sold in good faith under an order
of the probate court, either in the petition, order or other proceedings, the court ordering
the sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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