43-6-6
Section 43-6-6 Decree against personal representative for failure to pay over proceeds. The
judge of probate may render decrees against such personal representative, in the name of the
state, for the money or proceeds of the property, under the provisions of this chapter, and
enforce the same as other decrees by the judge of probate against executors or administrators
are enforced. (Code 1852, §2069; Code 1867, §2461; Code 1876, §2856; Code 1886, §1941;
Code 1896, §1757; Code 1907, §3923; Code 1923, §7619; Code 1940, T. 16, §30.)...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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30-3-198
Section 30-3-198 Notice of lien. (a) The state Title IV-D agency, by or through any employee,
agent, or representative, shall file a notice of a lien against any real or personal property
of any noncustodial parent who resides or owns property in this state and owes past due child
support payments under 42 U.S.C.A. Section 666(a) (4) as follows: (i) liens against any real
property shall be filed in the office of the judge of probate where the real property is located;
(ii) liens against personal property, other than personal property subject to a certificate
of title, shall be filed in the office of the Secretary of State in the records where Uniform
Commercial Code financing statements are filed; and (iii) liens against personal property
which is subject to a certificate of title shall be filed in the office of the Alabama Department
of Revenue on such forms as may be prescribed by the Department of Revenue and upon delivery
to the Department of Revenue of the outstanding certificate...
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11-3-11
Section 11-3-11 Powers and duties generally. (a) The county commission shall have authority:
(1) To direct, control, and maintain the property of the county as it may deem expedient according
to law, and in this direction and control it has the sole power to locate the courts in the
rooms of the courthouse and to designate the rooms to be occupied by the officers entitled
to rooms therein, including the circuit judge if resident in the county, and to change the
location of the courts and the designation of the rooms for officers as it may deem best and
most expedient, and this shall be done by order of the county commission entered upon the
minutes of the county commission at a regular meeting of the county commission. In the event
the courthouse is inadequate to supply office rooms for such officers, the county commission
may lease such office rooms in a convenient location in the county site and pay the rental
from the county fund. (2) To levy a general tax, for general county...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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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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26-5-18
Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc.
The court of probate may, by attachment, compel a conservator to obey its orders or decrees,
and all final decrees rendered against a conservator or against the personal representative
of the conservator on a final settlement have the force and effect of a judgement at law,
on which execution may issue against the conservator or his or her personal representative
and against the sureties of the conservator, whether the principal has signed the bond or
not, whether such settlement is voluntary or involuntary and whether such settlement is made
by the conservator while living or by his or her personal representative after his or her
death. Process of garnishment may issue from the court of probate upon such decrees in like
cases and manner as it may issue on judgments in courts of record and may, in like manner,
be prosecuted to judgment against the garnishee. (Code 1886, §2464; Code 1896,...
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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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43-2-82
Section 43-2-82 Liability of judge of probate, etc., in taking bond. When a party is required
to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable
for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking
an insufficient bond from any personal representative, fiduciary, or someone serving in a
similar capacity. Any person injured thereby may maintain an action against the judge and
his or her sureties and recover for the injury proved. (Code 1852, §1692; Code 1867, §2013;
Code 1876, §2375; Code 1886, §2033; Code 1896, §76; Code 1907, §2545; Code 1923, §5767;
Code 1940, T. 61, §101; Act 2017-174, §1.)...
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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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