Code of Alabama

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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge
of Probate of Mobile County is incompetent from any legal cause, incapacitated, absent
or will be absent from sickness, or otherwise disqualified from acting as judge, the judge
of probate or the chief clerk shall certify the fact of incompetency, incapacity, absence,
sickness, or disqualification to the presiding judge of the circuit court of the county and
the presiding judge of the circuit court, upon that certificate, shall appoint a person learned
in the law, practicing and residing in the county, to act as temporary judge of probate.
At any time when the regularly elected judge of probate of the county files a certificate
in the office of the circuit clerk of the county that he or she is no longer incompetent,
from any legal cause, incapacitated, absent, absent from sickness, or otherwise disqualified
from acting as judge, then the regularly elected judge of probate of the county shall...

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43-8-175
Section 43-8-175 Probate of foreign will. When the testator was not, at the time of
his or her death, an inhabitant of this state, but was an inhabitant of some other state or
territory of the United States of America, or of some other territory, district or country
subject to the jurisdiction of the United States of America, and his or her will has been
duly proved in any other state of the United States of America, or in any territory, district
or country subject to the jurisdiction of the United States of America, it may be admitted
to probate in the proper court of this state in the manner following: If the will has
been admitted to probate out of the state of Alabama, but within another state of the
United States of America, or within any territory, district or country subject to the jurisdiction
of the United States of America, such will, or copy of the same, and the probate thereof
must be certified and authenticated as provided in 28 U.S.C.A., ยง1738. Upon the presentation
to...
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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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12-13-20
Section 12-13-20 Salaried probate judges' compensation; funds to come from county's
general fund. (a) No probate judge who is on a salary and who serves as chairman of
the county commission shall receive total compensation less than $35,000.00 per year beginning
on October 1, 1985 and less than $40,000.00 per year beginning on October 1, 1986, for serving
as chairman and probate judge. This section in no way affects probate judges
earning more than $35,000.00 per year on October 1, 1985 and more than $40,000.00 per year
on October 1, 1986. (b) No probate judge who is on a salary and who does not serve
as chairman of the county commission shall receive total compensation less than $32,500.00
per year beginning on October 1, 1985 and less than $37,500.00 per year on October 1, 1986.
This section in no way affects probate judges earning more than $32,500.00 per year
on October 1, 1985 and more than $37,500.00 per year on October 1, 1986. (c) On October 1,
1990, and on October 1, 1991, and...
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45-22-83.43
Section 45-22-83.43 Vending machines. (a) The Judge of Probate of Cullman County, or
the authorized agent of the judge of probate, may install vending machines and collect
money from the vending machines and charge and collect fees for copying documents in his or
her office. (b) The judge of probate shall establish and maintain a special probate
fund in a bank located in Cullman County. All proceeds collected under this section shall
be deposited by the judge of probate into the special probate fund. (c) The
judge of probate shall keep an account of all monies deposited into the special probate
fund. The special probate fund shall be audited at the same time other accounts of
the judge of probate are audited. The Department of Examiners of Public Accounts shall
submit a copy of the audit to the judge of probate within 30 days of its completion.
(d) All profits realized from the vending machines and copying fees shall be expended at the
discretion of the judge of probate for the...
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22-52-35
Section 22-52-35 Appointment of special probate judges for consideration, hearing and
entry of orders pertaining to commitment or continued custody of certain persons committed
or transferred to facilities of Department of Mental Health; qualifications, powers, etc.,
of special probate judges; conduct of hearings by special probate judges generally.
(a) Upon application of the commissioner or his designee, the Governor may appoint one or
more special judges of probate for the purpose of considering, hearing and entering
appropriate orders with regard to the commitment or continued custody of such persons who
have been committed by any court of this state to any facility pursuant to the provisions
of Sections 15-16-24 and 15-16-40, accused of a crime but not yet tried, or transferred to
such facility on order of the Governor, pursuant to the provisions of Article 4 of this chapter.
(b) A special judge of probate appointed under the provisions of this article shall
be vested with all...
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45-9-84
County a license division which shall issue all licenses issued through the judge of probate's
office, except marriage licenses. The county commission shall furnish suitable quarters and
provide the necessary forms, books, stationery, records, equipment, and supplies, except such
stationery forms and supplies as are furnished pursuant to law by the State Department of
Finance or the State Comptroller. The county commission shall also provide such clerks, and
other assistants for the judge of probate as shall be necessary from time to time for
the proper and efficient performance of the duties of his or her office. The judge of probate
shall have authority to employ such clerks, and other assistants, and to fix their compensation;
however, the number and compensation of such clerks and other assistants shall be subject
to the approval of the county commission. The compensation of the clerks and assistants shall
be paid monthly out of the general fund of the county in the same manner as...
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11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When
the inhabitants of an unincorporated community, which has a population of not less than 300,
constituting a body of citizens whose residences are contiguous to and all of which form a
homogeneous settlement or community, desire to become organized as a municipal corporation,
they may apply to the judge of probate of the county in which the territory is situated,
or the greater portion thereof if it is situated in two or more counties, for an order of
incorporation, by a petition in writing signed by not less than 15 percent of the qualified
electors residing within the limits of the proposed municipality and by the persons, firms,
or corporations owning at least 60 percent of the acreage of the platted or unplatted land
of the proposed municipality. No platted or unplatted territory shall be included within the
boundary unless there are at least four qualified electors, according to government survey,...

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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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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court;
special judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order
may be filed by the director of a state mental health facility or his designee at least 30
days prior to the expiration of the current commitment order. The petition, together with
a copy of the original commitment order and copies of any subsequent renewal commitment orders,
shall be filed with the probate court of the county where the facility is located.
The petition shall explain in detail why renewal of the order is being requested, and shall
further explain in detail why less restrictive conditions of treatment are not appropriate.
(b) Such probate court may consider, hear, and enter appropriate orders pursuant to
this section or may request that the case be heard by a special judge of probate. (c)
Whenever and wherever it shall become necessary that a special judge of probate be
provided to hear and...
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