35-4-321
Section 35-4-321 Application to compel conveyance - Generally. If the personal representative
refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be
compelled so to do by application to the judge of probate of the county in which letters testamentary
or of administration were granted. (Code 1852, §1346; Code 1867, §1616; Code 1876, §2225;
Code 1886, §1872; Code 1896, §1070; Code 1907, §3442; Code 1923, §6947; Code 1940, T.
47, §37.)...
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35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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43-2-580
Section 43-2-580 When legatee or widow entitled to compel payment. After the expiration of
six months from the grant of letters testamentary, or of administration, with the will annexed,
if there are more than sufficient assets in the hands of such executor or administrator to
pay the debts of the deceased, any legatee may apply to the probate court of the county in
which letters were granted to compel the payment of his legacy; and a widow who has dissented
from her husband's will or her personal representative, if she is dead, shall have like remedy
to compel the payment of the distributive share to which she may be entitled. (Code 1852,
§1772; Code 1867, §2098; Code 1876, §2475; Code 1886, §2192; Code 1896, §260; Code 1907,
§2736; Code 1923, §5975; Acts 1931, No. 726, p. 841; Code 1940, T. 61, §335.)...
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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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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book, as speedily
as practicable the judge of probate shall issue a notice addressed to each person against
whom any unpaid taxes are assessed as shown by such book, substantially in the following form:
"State of Alabama, (give name of county) county, to (give name of taxpayer): The tax
collector has filed in my office a list of delinquent taxpayers, and of real estate upon which
taxes are due. You are reported as delinquent, and your tax amounts to (here give amount of
taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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43-2-350
Section 43-2-350 Time and manner of filing claims - Generally. (a) All claims against the estate
of a decedent, held by the personal representative of the decedent or by an assignee or transferee
of the personal representative, or in which the personal representative has an interest, whether
due or to become due, must be presented within six months after the grant of letters, or within
five months from the date of the first publication of notice, whichever is the later to occur,
provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61
must be allowed thirty days after notice within which to present the claim, by filing the
claims, or statement thereof, verified by affidavit, in the office of the judge of probate,
in all respects as provided by section 43-2-352. All claims not so presented and filed are
forever barred, and the payment or allowance thereof is prohibited. But this subsection shall
not apply to claims of personal representatives to...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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43-6-2
Section 43-6-2 Notice by representative. The personal representative of any person leaving
property not devised or bequeathed, or where the devisees or legatees are incapable of taking
and such representative is unable to ascertain any lawful heirs or distributees or persons
capable of taking within six months after the grant of letters testamentary or of administration,
must give notice thereof in some newspaper published in the state once a week for three successive
weeks; but it shall not be necessary for any personal representative to institute escheat
proceedings under this chapter until the debts of the decedent have been paid. (Code 1852,
§2065; Code 1867, §2457; Code 1876, §2852; Code 1886, §1937; Code 1896, §1753; Code 1907,
§3919; Code 1923, §7615; Code 1940, T. 16, §26.)...
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