reglab/housing_qa huggingface dataset:
AL Code § 12-13-15 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-15 - Chief Clerk of Probate Court - Acts Which May Be Performed by Chief Clerk During Vacancy in Office of Probate Judge; Authority, Compensation and Liability of Chief Clerk for Acts Performed During Such Vacancy.

Section 12-13-15Chief clerk of probate court - Acts which may be performed by chief clerk during vacancy in office of probate judge; authority, compensation and liability of chief clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office of the probate judge, the chief clerk in that office, appointed and qualified as authorized by law, shall, during such vacancy and until the qualification of a lawful successor, perform all the duties of that office which he is authorized by law to perform when there is no vacancy, but must not receive money on decrees or executions or become the custodian of trust funds pertaining to the court. He may make all necessary orders for the continuances of cases and proceedings pending in the court. All such duties are to be performed, during such vacancy, by such chief clerk in his own name as clerk of the probate court, and he is entitled to the lawful fees therefor. For his official acts under this article, such chief clerk and the sureties on his bond to the probate judge shall be liable to persons injured according to the legal effect of official bonds as declared by statute. (Code 1896, §3374; Code 1907, §5432; Code 1923, §9594; Code 1940, T. 13, §302.)
AL Code § 12-13-16 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-16 - Preparation, etc., by Probate Judge, Register, etc., of Papers, Documents, etc., to Be Heard, etc., by Such Judge or Register.

Section 12-13-16Preparation, etc., by probate judge, register, etc., of papers, documents, etc., to be heard, etc., by such judge or register. No probate judge or his clerk or any register shall prepare or assist in the preparation of any paper, document or instrument which is to be heard or determined by such judge or register or which may become a subject of controversy before such judge or register, but such judge or his clerk may prepare or assist in the preparation of acknowledgments and proof of conveyances, affidavits, oath, affirmations or any instrument which by law is required to be prepared by such judge. Any probate judge or his clerk or any register who shall prepare or assist in the preparation of any paper, document or instrument in violation of this section shall be guilty of a misdemeanor and shall forfeit the sum of $300.00, one third to the use of the state and two thirds to the use of any person who may institute a civil action for the same; provided further, that any citizen of the county in which the violation may occur may institute a civil action, in his own name, for this penalty in the circuit court of said county. (Code 1907, §§5423, 7467; Code 1923, §§5059, 9583; Acts 1931, No. 487, p. 592; Code 1940, T. 13, §287.)
AL Code § 12-13-17 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-17 - Liability of Sheriff, Deputies, etc., for Failure to Make Money on or Return Execution Issued by Probate Court, Etc.

Section 12-13-17Liability of sheriff, deputies, etc., for failure to make money on or return execution issued by probate court, etc. For a failure to make money on or for failing to return any execution issued from or returnable to the probate court or for not paying over money collected on such execution, the sheriff, coroner or other officer and his sureties are liable to the same penalties and judgments as in like cases in the circuit court, the proceedings to be instituted and conducted in the probate court in the same manner as in the circuit court, either party having the right, on request, to a trial of all questions of fact by a jury, and an appeal from the judgment entered may be taken to the circuit or Supreme Court. (Code 1852, §681; Code 1867, §806; Code 1876, §711; Code 1886, §800; Code 1896, §3379; Code 1907, §5437; Code 1923, §9599; Code 1940, T. 13, §308.)
AL Code § 12-13-18 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-18 - Failure of Clerk, etc., to Deliver Books, Papers, Money, etc., to Successor of Probate Judge.

Section 12-13-18Failure of clerk, etc., to deliver books, papers, money, etc., to successor of probate judge. Any clerk or person in the office of the probate judge who obtains possession of the books, papers, money or property belonging or appertaining to such office pending a vacancy therein and who fails or refuses on demand to deliver such books, papers, money or property to the lawfully qualified successor of the probate judge must, on conviction, be fined not less than $200.00. (Code 1896, §5159; Code 1907, §7460; Code 1923, §5052; Code 1940, T. 13, §303.)
AL Code § 12-13-19 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-19 - Payment by County of Expenses Incurred by Probate Judge, etc., in Attending State or National Conferences, Schools, Etc.

Section 12-13-19Payment by county of expenses incurred by probate judge, etc., in attending state or national conferences, schools, etc. (a) The judge of probate of each county may be entitled to receive from the county treasury payment for expenses, including, but not limited to, membership dues and other expenses, incurred in attending state or national conferences, schools and other functions attended by said judge, including, but not limited to, the personnel in his or her office, pertaining to his or her official position of judge of probate, which payment shall be in addition to all other compensation and allowances now provided by law. Such payments shall be paid on warrants approved by the county commissions of each county drawn on any funds in the county treasury not otherwise appropriated. (b) Membership dues and fees may be paid by remittance to the secretary/treasurer of such organization upon presentation of a statement therefor. (c) Expenses may be remitted directly to the individual concerned upon presentation of an itemized statement, supported by receipts, indicating actual expenses incurred. Such statement may be properly sworn to and notarized. (d) In counties wherein supplements or expenses are presently paid to the judge of probate and personnel in his or her office for expenses as described in subsection (a) of this section, whether paid through the authority of local or other laws of the State of Alabama, such expenses described in subsection (a) of this section may be paid by the governing body of the county, but in no circumstance may such expenses be paid or reimbursed more than once under authority granted by this or previous laws of the State of Alabama. (Acts 1977, No. 503, p. 659.)
AL Code § 12-13-20 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-20 - Salaried Probate Judges' Compensation; Funds to Come From County's General Fund.

Section 12-13-20Salaried 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 on October 1, 1992, each probate judge in this state who is paid on a salary basis shall receive an additional annual salary increase of $5,000.00 on each of said three dates, for a total increase of $15,000.00 over the said three year period, payable on and after October 1, 1992. (d) No probate judge who is on a salary and who serves as chairman of the county commission shall receive total compensation more than $55,000.00 per year beginning on October 1, 1990. This section in no way affects probate judges earning more than $55,000.00 per year on October 1, 1990. (e) No probate judge who is on a salary and who does not serve as chairman of the county commission shall receive total compensation more than $52,500.00 per year beginning on October 1, 1990. This section in no way affects probate judges earning more than $52,500.00 per year on October 1, 1990. (f) Any necessary funds needed to ensure a probate judge shall receive the total respective compensations herein provided shall be paid out of the respective county's general fund. (g) The provisions of this section shall not affect the compensation of probate judges of counties where said judges are compensated on the basis of the fee system. (Acts 1980, No. 80-810, p. 1674; Acts 1982, No. 82-627, p. 1181; Acts 1985, No. 85-666, p. 1059; Acts 1990, No. 90-702, p. 1362.)
AL Code § 12-13-21 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-21 - Appointment of Guardian for Developmentally Disabled Person.

Section 12-13-21Appointment of guardian for developmentally disabled person. (a) The term "developmentally disabled" person, means a person whose impairment of general intellectual functioning or adaptive behavior meets the following criteria: (1) It has continued since its origination or can be expected to continue indefinitely. (2) It constitutes a substantial burden to the impaired person's ability to perform normally in society. (3) It is attributed to one or more of the following: a. Mental retardation, cerebral palsy, epilepsy, or autism. b. Any other condition of a person found to be closely related to mental retardation because it produces a similar impairment or requires treatment and services similar to those required for a person who is mentally retarded c. Dyslexia resulting from a condition described in subparagraph a or b. (b) Guardianship for a developmentally disabled person shall be utilized only as is necessary to promote and protect the well being of the person, including protection from neglect, exploitation, and abuse; shall be designed to encourage the development of maximum self-reliance and independence in the person; and shall be ordered only to the extent necessitated by the person's actual mental and adaptive limitations. The court may appoint as guardian for a developmentally disabled person any suitable person or agency, public or private, including a private association or nonprofit corporation capable of conducting an active guardianship program for a developmentally disabled person. The court shall not appoint the Department of Mental Health as guardian or any other agency, public or private, that is directly providing services to the developmentally disabled person. (c) A petition for the appointment of a guardian for an individual who is developmentally disabled may be filed with the probate court by an interested person or entity or by the individual. "Interested person or entity" shall mean an adult relative or friend of the respondent, an official or private agency, corporation, or association concerned with the person's welfare, or any other person found suitable by the court. (Acts 1986, No. 86-623.)
AL Code § 12-13-22 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 1 - General Provisions.|Section 12-13-22 - Requirement to Redact, Remove, etc., Social Security Number or Birthdate on Certain Documents; Electronic Availability of Records.

Section 12-13-22Requirement to redact, remove, etc., Social Security number or birthdate on certain documents; electronic availability of records. (a) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, or any other document, including military discharge forms, that is filed as a public record in the probate court, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any Social Security number appearing in the document. Removal of the Social Security number shall be a condition to filing the document. (b) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any birthdate if it appears in the document in connection with a person's name unless the birthdate is required by law to be included in the document or is a necessary part of the document. (c) The judge of probate, in accordance with this section, may redact, remove, or otherwise make illegible a Social Security number or birthdate appearing in connection with a person's name that appears in any document, with the exception of federal and state tax liens, that conveys any interest in real or personal property or purports to encumber an interest in real or personal property and is recorded in the probate court, or any other document, including military discharge forms, that is filed as a public record in the probate court. Notwithstanding the foregoing, dates of birth shall not be redacted, removed, or otherwise made illegible on marriage certificates. The judge of probate may make such records available to the public in electronic format and publish such records on the Internet. (d) To the extent federal law conflicts with this section, an instrument shall contain the information required by and shall be filed in a manner that complies with federal law. (e) The failure to comply with the requirements of this section shall not invalidate or adversely affect any document which is recorded even though that document does not comply with the requirements of this section. (Act 2009-567, p. 1669, §1; Act 2010-707, p. 1728, §1.)
AL Code § 12-13-30 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-30 - Election; Term of Office.

Section 12-13-30Election; term of office. A probate judge shall be elected by the qualified voters of each county, who shall hold office for a term of six years from the first Monday after the second Tuesday in January next after his election and until his successor is elected and qualified. (Code 1852, §661; Code 1867, §781; Code 1876, §684; Code 1886, §778; Code 1896, §3354; Code 1907, §5410; Code 1923, §9569; Code 1940, T. 13, §271.)
AL Code § 12-13-31 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-31 - Qualifications.

Section 12-13-31Qualifications. A probate judge must be a citizen of the state and must have resided in the county for which he is elected or appointed for one year preceding the election or appointment. (Code 1852, §662; Code 1867, §782; Code 1876, §685; Code 1886, §779; Code 1896, §3356; Code 1907, §5412; Code 1923, §9572; Code 1940, T. 13, §273.)
AL Code § 12-13-32 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-32 - Filling of Vacancies.

Section 12-13-32Filling of vacancies. Vacancies in the office of probate judge shall be filled by the Governor, and the person appointed shall hold office until the election and qualification of his successor. (Code 1852, §663; Code 1867, §783; Code 1876, §686; Code 1886, §780; Code 1896, §3355; Code 1907, §5411; Code 1923, §9571; Code 1940, T. 13, §272.)
AL Code § 12-13-33 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-33 - Amount of Bond.

Section 12-13-33Amount of bond. The official bond of the probate judge shall be determined by the use of the following table based on a percentage of the total annual collections recorded in the latest audit report for each office published at least four months prior to the date the bond is required to be filed: TABLE FOR COMPUTING AMOUNT OF BOND Annual CollectionsOverBut Not OverAmount of BondOf Excess OverZero$250,000$25,000 ____$250,000$1,000,000$25,000+5%$250,000$1,000,000 ____ $62,500+1%$1,000,000 (Acts 1933, Ex. Sess., No. 191, p. 203; Code 1940, T. 41, §87; Acts 1986, Ex. Sess., No. 86-682, p. 76.)
AL Code § 12-13-34 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-34 - Persons Who May Institute Civil Actions on Bonds of Judges.

Section 12-13-34Persons who may institute civil actions on bonds of judges. Civil actions may be instituted on all bonds given by a probate judge by anyone sustaining any injury by reason of any neglect or omission of such officer to take good and sufficient surety from any executor, administrator or guardian or from any officer whose bond it is his duty to approve or in any case in which it is his duty to require additional bond and he fails so to do or by the failure of such judge to perform any other official duty or by reason of the commission by him of any wrongful act in the performance of his official duties or under color of his office. (Code 1852, §665; Code 1867, §786; Code 1876, §689; Code 1886, §783; Code 1896, §3359; Code 1907, §5415; Code 1923, §9575; Code 1940, T. 13, §274.)
AL Code § 12-13-35 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-35 - Seal of Office.

Section 12-13-35Seal of office. The probate judge shall have a seal of office. (Code 1852, §669; Code 1867, §789; Code 1876, §692; Code 1886, §786; Code 1896, §3362; Code 1907, §5418; Code 1923, §9578; Code 1940, T. 13, §277.)
AL Code § 12-13-36 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-36 - Offices and Office Hours.

Section 12-13-36Offices and office hours. The probate judge shall keep his office at the courthouse, and, unless otherwise provided by a local law, the office of the probate judge shall be kept open for transaction of business on every day, except Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M. (Code 1852, §667; Code 1867, §788; Code 1876, §691; Code 1886, §785; Code 1896, §3361; Code 1907, §5417; Code 1923, §9577; Code 1940, T. 13, §276.)
AL Code § 12-13-37 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-37 - Appointment of Special Judge When Probate Judge Incompetent, Absent, Sick, etc., Generally; Powers and Duties of Special Judge and Force, Effect, etc., of Judgments, Orders and Decrees Thereof.

Section 12-13-37Appointment of special judge when probate judge incompetent, absent, sick, etc., generally; powers and duties of special judge and force, effect, etc., of judgments, orders and decrees thereof. If in any matter or proceeding arising in the probate court or in reference to which the judge thereof is required to exercise jurisdiction or authority or to perform a duty the judge is incompetent for any legal cause or shall be absent, sick or otherwise disqualified from acting, he or his chief clerk must certify the fact of incompetency, absence, sickness or disqualification to the Chief Justice of the Alabama Supreme Court, and the Supreme Court shall, upon such certificate, appoint a person possessing the qualifications of a probate judge to act as special probate judge. Such special judge in relation to such matter or proceeding shall have the jurisdiction and authority and discharge the duties of the probate judge, and the judgments, orders and decrees made or rendered by him shall be entered on the records of such court and shall have the force and effect and shall be subject to revision on appeal or by other revisory remedy, of judgments, orders and decrees of such probate court. (Code 1886, §802; Code 1896, §3381; Code 1907, §5439; Acts 1923, No. 35, p. 20; Code 1923, §9601; Code 1940, T. 13, §310.)
AL Code § 12-13-38 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-38 - Appointment of Special Judge in Event of Refusal to Act, Death, etc., of Original Special Judge and Continuation of Incompetence, Absence, etc., of Probate Judge.

Section 12-13-38Appointment of special judge in event of refusal to act, death, etc., of original special judge and continuation of incompetence, absence, etc., of probate judge. If the special judge so appointed fails or refuses to act or, having commenced to act and before finally concluding or determining such matter or proceeding, dies, becomes incompetent or fails or refuses to continue acting therein, the incompetency, absence, sickness or other disqualification of the probate judge continuing, the Alabama Supreme Court, upon the facts being certified to it, shall appoint another special judge of like qualification. (Code 1886, §803; Code 1896, §3382; Code 1907, §5440; Code 1923, §9602; Code 1940, T. 13, §311.)
AL Code § 12-13-39 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-39 - Probate Judges Deemed Conservators of Peace.

Section 12-13-39Probate judges deemed conservators of peace. Probate judges shall be conservators of the peace in their respective counties. (Code 1852, §666; Code 1867, §787; Code 1876, §690; Code 1886, §784; Code 1896, §3360; Code 1907, §5416; Code 1923, §9576; Code 1940, T. 13, §275.)
AL Code § 12-13-40 (2021)
2021 Code of Alabama|Title 12 - Courts.|Chapter 13 - Probate Courts.|Article 2 - Judges.|Section 12-13-40 - Powers of Probate Judges Generally.

Section 12-13-40Powers of probate judges generally. The probate judge shall have authority: (1) To administer oaths and take and certify the same in all cases in which administering such oath and taking such affidavit is not confined expressly to some other officer; (2) To cause jurors to be impaneled and sworn in any matter of fact pending before him in which the right to a jury trial is given by law; (3) To appoint guardians ad litem for minors and persons of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee or other person connected with his office or related to him by consanguinity or affinity; (4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary, for whose official acts he shall be responsible; (5) To complete the minute entries and decrees of the court when the same are incomplete on account of the failure to make necessary entries at the time when they should have been made, but the necessary application and proof must first be made, and such entries, orders or decrees shall be as valid and binding as if they had been made at the proper time; (6) To authorize the making of an abstract of title of lands sold at judicial sale as provided in Section 6-8-30; and (7) To exercise such other powers as are or may be conferred on him by law. (Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §3372; Code 1907, §5430; Code 1923, §9591; Code 1940, T. 13, §297.)