Code of Alabama

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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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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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12-13-1
Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments,
orders, etc., of probate courts. (a) The probate court shall have original and general jurisdiction
as to all matters mentioned in this section and shall have original and general jurisdiction
as to all other matters which may be conferred upon them by statute, unless the statute so
conferring jurisdiction expressly makes the jurisdiction special or limited. (b) The probate
court shall have original and general jurisdiction over the following matters: (1) The probate
of wills. (2) The granting of letters testamentary and of administration and the repeal or
revocation of the same. (3) All controversies in relation to the right of executorship or
of administration. (4) The settlement of accounts of executors and administrators. (5) The
sale and disposition of the real and personal property belonging to and the distribution of
intestate's estates. (6) The appointment and removal of guardians for...
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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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12-1-14
Section 12-1-14 Appointment, powers, compensation, etc., of special judges for circuit, district,
or probate court. Should the need for special judges in the circuit court, district court
or probate court arise, the Supreme Court may appoint and commission special circuit judges
or special district court judges or special probate judges for temporary service; provided,
however, that the person so appointed shall possess the qualifications of the judgeship to
which he is appointed. Such special judges shall qualify by taking the oath of office prescribed
in the Constitution. Such appointment shall confer on the special judge all powers, authority
and jurisdiction of the respective judgeship to which he is appointed. Such special judge
shall receive as compensation for his services a sum not to exceed $100.00 a day as established
by rule and reimbursement for his actual and necessary expenses, including, but not limited
to, transportation costs, food and lodging, to be paid out of the...
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12-11A-2
Section 12-11A-2 Qualifications; requirements. (a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate
court and have served in the capacity of judge for at least six consecutive years. (2) Be
admitted to the practice of law in Alabama. (3) Be an active member in good standing of the
Alabama State Bar Association. (4) Be a resident of Alabama. (b) A person may act as a judge
of a case under this chapter only if all of the following occur: (1) All parties to the action
file a written petition with the circuit clerk of the court in which the action is pending
requesting a private judge and naming the person whom the parties wish to have as private
judge. The petition shall be accompanied by a form signed by the private judge selected consenting
to the appointment. (2) The case is one over which the court in which the former judge served
would have had subject matter and monetary jurisdiction. (3) The case...
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17-4-4
Section 17-4-4 Information of deaths, incompetency, and convictions to be furnished to boards
of registrars; rulemaking authority. (a) In addition to all other duties now required by law,
the Office of Vital Statistics of the State Department of Public Health shall furnish to the
board of registrars of the county in which such district is located, once each month, a report
of the death of all persons over 18 years of age who resided in such registration district.
(b) In addition to all other duties now required by law, the judges of probate of the several
counties of this state shall furnish to the board of registrars of their respective counties,
once each month, a list of all residents of the county, 18 years of age or over, who have
been declared mentally incompetent. (c) In addition to all other duties required by law, the
clerks of the circuit and district courts of this state shall furnish to the board of registrars
of each county, once each month, a list of all residents of that...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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43-2-40
Section 43-2-40 Generally. Courts of probate, within their respective counties, have authority
to grant letters of administration on the estates of persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where
the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving
assets therein. (4) Where the intestate, not being an inhabitant of the state, dies, leaving
no assets therein, and assets are afterwards brought into the county. (5) Where the intestate,
being an inhabitant of the state, dies, leaving no assets subject to administration in the
county of his residence, and no administration has been granted in such county within three
months after the death of the intestate, then administration may be granted in any county
where the intestate leaves assets. (Code 1852, ยง1667; Code 1867,...
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