25-5-91
Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment
lien. Whenever any decision or order is made and filed by the court upon any matter arising
under this article, the clerk of the court shall forthwith make and forward to the judge of
probate of the county in which the complaint was filed a certified copy of such decision or
order with any memorandum of the judge and of any judgment entered. No fee or other charge
shall be collected therefor. The plaintiff or owner of any judgment so certified may have
the same registered by the probate judge upon the payment of the fee fixed by law for registering
judgments, and the same shall become a lien in like manner as other registered judgments,
unless the same is made a preferred lien by other provisions of some law. (Acts 1919, No.
245, p. 206; Code 1923, §7580; Code 1940, T. 26, §306.)...
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35-2-52
Section 35-2-52 Approval of municipal authorities required. It shall be the duty of every probate
judge in this state to decline to receive for record in his office any map or plat upon which
any lands lying within the corporate limits or police jurisdiction of any city of this state
having a population of more than 10,000 inhabitants are platted or mapped as streets, alleys,
or other public ways, unless such map or plat shall have noted thereon the approval of the
governing body or city engineer of such city. (Acts 1927, No. 208, p. 217; Code 1940, T. 56,
§15.)...
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39-7-7
Section 39-7-7 Submission of question proposed by petition to voters at general election. If
the petition shall have been filed with the clerk or probate judge or, in case a summary proceeding
has been instituted, a final order thereon has been made in favor of the sufficiency of the
petition not more than 60 days and not less than 30 days prior to a general city or town or
county election, the body of the city or town to which such petition is directed or the probate
judge of the county in which the unincorporated area is located shall cause the question proposed
by the petition to be duly submitted to a vote of the electors of the territory at such general
election. (Acts 1935, No. 40, p. 72; Code 1940, T. 50, §22.)...
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40-20-33
Section 40-20-33 When and by whom tax payable; effect of nonpayment. Such tax shall be payable
by the grantee or grantees named or the beneficiary or real party in interest under such lease,
deed, conveyance, transfer, assignment or other writing; except, that as to any exception
or reservation creating any such interest the same shall be payable by the grantor or grantors
in such instrument. Said tax shall be due and payable upon the filing of such instrument for
record. Any probate judge who accepts or records such an instrument upon which the tax is
not paid to him in the amount required herein shall be liable to the county for the amount
of tax shown to have been due upon the instrument. The amount shall likewise constitute a
lien upon the interest so conveyed, reserved or accepted by such instrument, collectible as
are other delinquent taxes due the county. If an insufficient amount is paid by such tax,
the filing and recording of the instrument shall nevertheless be good and...
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40-22-10
Section 40-22-10 Tax upon recording transfer of instrument recorded by exempt institution -
Exemption of debt secured by instrument upon which recording tax has previously been paid.
If any transfer of any such mortgage, deed of trust, contract of conditional sale, or other
instrument of like character described in Section 40-22-6 has heretofore been filed for record
in any probate office of this state and the recording privilege tax imposed by Section 40-22-1
or Section 40-22-2 has been paid thereon, the debt secured by the instrument so transferred
shall be exempt from any ad valorem tax, either state, county, or municipal. (Acts 1951, No.
816, p. 1449, §5.)...
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40-22-11
Section 40-22-11 Tax upon recording transfer of instrument recorded by exempt institution -
Waiver of exemption from payment of recording tax. Any corporation, organization, or institution
now or hereafter exempt from the recording privilege tax imposed by Section 40-22-2 may, at
the time of presenting for record any mortgage, deed of trust, contract of conditional sale
or other instrument of like character executed to it, waive its exemption from payment of
such recording privilege tax with respect to such instrument and pay the tax imposed by said
section at the time such instrument is presented to the judge of probate for filing, and no
transfer of the indebtedness thereby secured, thereafter presented for recording, shall be
subject to any recording privilege tax, but shall be filed for record by the judge of probate
upon the payment of the recording fees to the judge of probate. (Acts 1951, No. 816, p. 1449,
§6.)...
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40-22-6
Section 40-22-6 Tax upon recording transfer of instrument recorded by exempt institution -
Generally. If any mortgage, deed of trust, contract of conditional sale, or other instrument
of like character heretofore or hereafter filed for record in any probate office of this state
which was or shall be given to secure the payment of any debt incurred to a corporation, organization,
or institution now or hereafter exempt by law from the payment of the recording privilege
tax imposed by Section 40-22-2 and upon which such recording privilege tax has not been previously
paid has been heretofore or be hereafter transferred to a person, corporation, organization,
or institution not exempt from payment of such tax and such transfer is presented for record
within this state, such transfer shall be received for record upon payment of the privilege
tax imposed by said section upon the then unpaid balance of the secured debt and the recording
fees of the probate judge. (Acts 1951, No. 816, p. 1449,...
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43-2-252
Section 43-2-252 Execution on money decree or judgment. When such decree or judgment is for
the recovery of money and the estate has no executor or administrator, execution shall issue
thereon in favor of the administrator ad litem for the use of the estate, and the money, when
collected, shall be paid by the officer to the judge of the probate court, or to the clerk
or register of the circuit or other court having jurisdiction, from which the execution issued.
The party against whom such decree or judgment is rendered may pay the same to such judge,
clerk or register, before the issue of execution, whose receipt to him therefor shall be a
full discharge of such decree or judgment. (Code 1876, §2626; Code 1886, §2285; Code 1896,
§354; Code 1907, §2820; Code 1923, §6059; Code 1940, T. 61, §167.)...
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45-14-82.03
Section 45-14-82.03 Fees; refunds. Except as hereinafter provided, the probate judge shall
be entitled to charge and collect the same fees that are provided for by law. For the performance
of duties relative to the recording of the transfer of the ownership of motor vehicles as
prescribed by statute, the probate judge shall charge and collect a fee of one dollar ($1).
All such fees shall be the property of the county and shall be paid to the general fund of
the county. Refunds for licenses issued by mistake or fact of law shall be made under the
conditions and in the manner prescribed by statute. (Act 86-486, p. 921, §4.)...
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45-15-82.03
Section 45-15-82.03 Collection and disposition of fees. Except as hereinafter provided, the
judge of probate shall be entitled to charge and collect the same fees that are provided for
by law. For the performance of duties relative to the recording of the transfer of the ownership
of motor vehicles as prescribed by law, the judge of probate shall charge and collect a fee
of one dollar twenty-five cents ($1.25). All such fees shall be the property of the county
and shall be paid to the general fund of the county. Refunds for licenses issued by mistake
or fact of law shall be made under the conditions and in the manner prescribed by law. (Act
84-645, p. 1297, §4.)...
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