reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-9 - (Effective January 1, 2018) Disclosure of Content of Electronic Communications of Principal.

Section 19-1A-9
(Effective January 1, 2018) Disclosure of content of electronic communications of principal.
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B) evidence linking the account to the principal.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-10 - (Effective January 1, 2018) Disclosure of Other Digital Assets of Principal.

Section 19-1A-10
(Effective January 1, 2018) Disclosure of other digital assets of principal.
Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
(3) a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or
(B) evidence linking the account to the principal.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-11 - (Effective January 1, 2018) Disclosure of Digital Assets Held in Trust When Trustee Is Original User.

Section 19-1A-11
(Effective January 1, 2018) Disclosure of digital assets held in trust when trustee is original user.
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to any trustee of a trust of which any trustee is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-12 - (Effective January 1, 2018) Disclosure of Contents of Electronic Communications Held in Trust When Trustee Not Original User.

Section 19-1A-12
(Effective January 1, 2018) Disclosure of contents of electronic communications held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the trust instrument or a certification of the trust under Section 19-3B-1013, which includes consent to disclosure of the content of electronic communications to the trustee;
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B) evidence linking the account to the trust.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-13 - (Effective January 1, 2018) Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User.

Section 19-1A-13
(Effective January 1, 2018) Disclosure of other digital assets held in trust when trustee not original user.
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the trust instrument or a certification of the trust under Section 19-3B-1013.
(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
(B) evidence linking the account to the trust.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-14 - (Effective January 1, 2018) Disclosure of Digital Assets to Conservator of Protected Person.

Section 19-1A-14
(Effective January 1, 2018) Disclosure of digital assets to conservator of protected person.
(a) After an opportunity for a hearing, the court may grant a conservator access to the digital assets of a protected person.
(b) Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a copy of the court order that gives the conservator authority over the digital assets of the protected person; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or
(B) evidence linking the account to the protected person.
(c) A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a copy of the court order giving the conservator authority over the protected person's property.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-15 - (Effective January 1, 2018) Fiduciary Duty and Authority.

Section 19-1A-15
(Effective January 1, 2018) Fiduciary duty and authority.
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or a designated recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided in Section 19-1A-4, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including this state's law on unauthorized computer access.
(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including Article 5A of Chapter 8, Title 13A, 18 U.S.C. Section 2701 et seq., and 47 U.S.C. Section 222.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a copy of the death certificate of the user;
(2) a copy of the letters testamentary, letters of administration, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(B) evidence linking the account to the user; or
(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-16 - (Effective January 1, 2018) Custodian Compliance and Immunity.

Section 19-1A-16
(Effective January 1, 2018) Custodian compliance and immunity.
(a) Not later than 60 days after receipt of the information required under Sections 19-1A-7 to 19-1A-15, inclusive, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance, and such other relief allowed under the law of this state.
(b) An order under subsection (a) directing compliance must contain a finding that compliance is not in violation of 18 U.S.C. Section 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith compliance with this chapter.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-17 - (Effective January 1, 2018) Uniformity of Application and Construction.

Section 19-1A-17
(Effective January 1, 2018) Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 1A - Revised Uniform Fiduciary Access to Digital Assets Act › Section 19-1A-18 - (Effective January 1, 2018) Relation to Electronic Signatures in Global and National Commerce Act.

Section 19-1A-18
(Effective January 1, 2018) Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2017-316, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 2 - Fiduciaries in War Service. › Section 19-2-1 - Definitions.

Section 19-2-1
Definitions.
(a) When used in this chapter, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section:
(1) WAR SERVICE. Such term shall include the following, during the period that the United States shall be engaged in war with any foreign nation:
a. Active membership in the military, naval or air forces of the United States or any of its allies.
b. Acceptance for membership in the military, naval or air forces of the United States or any of its allies and awaiting induction into that service.
c. Participation in any work abroad in connection with a governmental agency of the United States, with the American Red Cross, or with any other similar service.
d. Internment in any enemy country, or absence from the United States and inability to return.
e. Any service at home or abroad arising out of or in connection with the war, which in the opinion of the court prevents the fiduciary from giving the proper attention to his duties.
(2) FIDUCIARY. A trustee of a testamentary trust or of any express trust, a guardian of the estate of a minor, a guardian, committee or conservator of the estate of an incompetent person, an executor of a will, an administrator of the estate of a decedent or an advisor or consultant exercising control over a testamentary or express trust.
(b) Words importing the masculine gender, as used herein, include the feminine.
(Acts 1943, No. 460, p. 421, §1.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 2 - Fiduciaries in War Service. › Section 19-2-2 - Removal of Fiduciary; Appointment of Successor; Accounting by Fiduciary.

Section 19-2-2
Removal of fiduciary; appointment of successor; accounting by fiduciary.
Any fiduciary engaged in war service may be removed from his office as such upon petition filed in the proper court having jurisdiction by any person interested in the trust fund or the estate being administered or by any co-fiduciary or surety, and if the trust has not been fully executed or the administration of the estate has not been fully completed, the court, upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal if there is no trust instrument providing a practicable method of appointment. If the court shall find that, because of the military service of the fiduciary, the stating of an account at that time is not possible, an accounting by such fiduciary in military service shall not be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement of such fiduciary or at such time as the said court deems meet, such fiduciary may be required by said court to file an accounting of his administration of the trust fund.
(Acts 1943, No. 460, p. 421, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 2 - Fiduciaries in War Service. › Section 19-2-3 - Reappointment of Removed Fiduciary.

Section 19-2-3
Reappointment of removed fiduciary.
If any fiduciary in war service be removed from office and is a competent and suitable person to again serve as such fiduciary at any time after the termination of his war service, the fiduciary appointed to fill the vacancy caused by such removal, or his successor, shall be removed from office by the court upon petition filed by the former fiduciary in war service so removed or by any person interested in the trust fund or the estate being administered or by any co-fiduciary, and if the trust has not been fully executed or the administration of the estate has not been fully completed the court, upon such removal, shall appoint the fiduciary theretofore removed because of his war service to fill the vacancy caused by the removal of his successor in office if there is no trust instrument providing a practicable method of appointment.
(Acts 1943, No. 460, p. 421, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 2 - Fiduciaries in War Service. › Section 19-2-4 - Notice of Petition; Representation by Attorney.

Section 19-2-4
Notice of petition; representation by attorney.
Notice of any petition to remove a fiduciary in war service and the day appointed to hear the same must be given to him by the register or clerk by registered or certified mail, postage prepaid, addressed to him at his post-office address, if known, or by publication once a week for four consecutive weeks in some newspaper published in the county, and if no newspaper is published in the county by posting at the courthouse door and three other public places in the county. If said fiduciary does not personally appear therein, or is not represented by an authorized attorney, the court may appoint an attorney to represent him and a reasonable fee, to be taxed as a part of the costs of such proceedings, may be allowed to said attorney so appointed. Notice of said petition and the time appointed to hear the same must be given by the register or clerk to all other parties interested in the trust fund or the estate being administered, other than creditors, in the manner and as required by the Alabama Rules of Civil Procedure. Notice of any petition filed under the provisions of Section 19-2-3 must be given by the register or clerk to all parties interested in the trust fund or estate being administered, other than creditors, in the manner and as required by the Alabama Rules of Civil Procedure.
(Acts 1943, No. 460, p. 421, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 2 - Fiduciaries in War Service. › Section 19-2-5 - Bond.

Section 19-2-5
Bond.
Unless exempted from so doing by law or trust instrument every fiduciary appointed by the court must give bond, before entering upon the discharge of his duties, in the amount and conditioned and payable as required by the law applicable to his fiduciary office.
(Acts 1943, No. 460, p. 421, §5.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-1 - Express Trust for Support, Maintenance and Education of Relative; Qualified Trust Under Internal Revenue Code; Definitions.

Section 19-3-1
Express trust for support, maintenance and education of relative; qualified trust under Internal Revenue Code; definitions.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1935, No. 230, p. 626; Code 1940, T. 58, §1; Acts 1982, No. 82-625, p. 1179, §1; Acts 1990, No. 90-561.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-2 - Extinguishment of Trust.

Section 19-3-2
Extinguishment of trust.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Code 1923, §10431; Code 1940, T. 58, §2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-3 - Estate of Trustee; Termination of Trust Estate.

Section 19-3-3
Estate of trustee; termination of trust estate.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Code 1923, §10433; Code 1940, T. 58, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-4 - Indemnification of Trustee.

Section 19-3-4
Indemnification of trustee.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Code 1923, §10430; Code 1940, T. 58, §4.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-5 - Notice of Settlement.

Section 19-3-5
Notice of settlement.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 58, §6.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-6 - Allowance of Fees.

Section 19-3-6
Allowance of fees.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 58, §§5, 7.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-7 - Registration of Securities Held by Corporate Fiduciary in Name of Nominee of Such Fiduciary.

Section 19-3-7
Registration of securities held by corporate fiduciary in name of nominee of such fiduciary.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1951, No. 102, p. 323.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-8 - Execution of Proxies by Fiduciary Holding Corporate Stocks.

Section 19-3-8
Execution of proxies by fiduciary holding corporate stocks.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1951, No. 103, p. 324; Acts 1967, No. 337, p. 879.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-9 - Satisfaction of Pecuniary Gifts by Distribution of Property in Kind.

Section 19-3-9
Satisfaction of pecuniary gifts by distribution of property in kind.
(a) Where by the terms of a will or trust instrument a fiduciary may or must satisfy a pecuniary gift thereunder by distributing or allocating property in kind according to the value thereof other than the value on the date of distribution or allocation, the fiduciary, in satisfying such gift from the property available therefor, shall, unless the governing document expressly prohibits such a selection of property, select property, including cash, fairly representative of appreciation or depreciation in the value at the date or dates of distribution or allocation of all property then available for distribution or allocation in satisfaction of such gift.
(b) The enactment of this section is not intended to imply that the present law of this state, relating to selection of property by fiduciaries in the circumstances herein described, has been otherwise than as set forth in subsection (a) of this section.
(Acts 1965, 2nd Ex. Sess., No. 41, p. 57, §§1, 2.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 1 - General Provisions. › Section 19-3-10 - Conversion or Exchange, etc., of Securities Upon Merger, Consolidation, Etc.

Section 19-3-10
Conversion or exchange, etc., of securities upon merger, consolidation, etc.
Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
(Acts 1971, No. 609, p. 1324, §3.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-20 - Right of Creditors to Apply for Order Requiring Trustee to Give Bond.

Section 19-3-20
Right of creditors to apply for order requiring trustee to give bond.
When an express trust is created for the payment or security of debts and, by the terms thereof, the trustee is not required to give bond with surety, any creditor interested therein may apply to the register or clerk of the circuit court of the county in which the trust property, or the most valuable portion thereof, may be, for an order requiring such trustee to give bond with surety for the faithful administration of the trust.
(Code 1886, §3549; Code 1896, §4152; Code 1907, §6054; Code 1923, §10391; Code 1940, T. 58, §8.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-21 - Contents of Application; Notice of Hearing.

Section 19-3-21
Contents of application; notice of hearing.
The application must be in writing, verified by affidavit, must state the nature and character of the trust and of the interest of the applicant therein and must state, in the opinion of the applicant, said interest is, or will be endangered, if bond with sureties is not required of such trustee; and, on the filing of such petition, the register or clerk must appoint a day for the hearing thereof, of which not less than five days' notice, by the service of summons to appear and answer, must be given the trustee, if he resides in the state, and if he resides without the state, notice must be given by publication for three successive weeks in some newspaper published in the county, if there be such paper, and if there be not, in the paper published nearest to such county.
(Code 1886, §3550; Code 1896, §4153; Code 1907, §6055; Code 1923, §10392; Code 1940, T. 58, §9.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-22 - Hearing; Order.

Section 19-3-22
Hearing; order.
On the day appointed, or on any other day to which such application may be continued, if it appears that the applicant has a real, bona fide interest in the administration of the trust, and that by the terms thereof, the trustee is not required to give bond with surety, and that a majority in number and interest of all the creditors for whose benefit such trust may be created do not oppose such application, the register or clerk must make and enter an order requiring such trustee to give bond with at least two good and sufficient sureties, payable to such register or clerk, in such sum as the register or clerk may prescribe, subject to change on application to the judge, with condition for the faithful discharge of all the duties of such trustee, which bond must be approved, filed and recorded in his office.
(Code 1886, §3551; Code 1896, §4154; Code 1907, §6056; Code 1923, §10393; Code 1940, T. 58, §10.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-23 - Failure of Trustee to Give Bond; Appointment of Successor.

Section 19-3-23
Failure of trustee to give bond; appointment of successor.
If the trustee fails for five days from and after the making of such order, to give such bond, the register or clerk must make and enter an order removing him as a trustee, and may make and enter an order appointing a successor, of whom bond, with sureties, payable and conditioned as provided in Section 19-3-22 must be required.
(Code 1886, §3552; Code 1896, §4155; Code 1907, §6057; Code 1923, §10394; Code 1940, T. 58, §11.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-24 - Duty of Trustee to Make Inventory; Filing of Copies; Supplemental Inventories.

Section 19-3-24
Duty of trustee to make inventory; filing of copies; supplemental inventories.
It is the duty of the trustee of an express trust created for the payment of debts, within 20 days after entering upon the execution of such trust, to make an inventory of the entire trust property so far as the same has come to his possession or knowledge, describing the real estate and grouping and classifying the personal property in as brief and comprehensive manner as may be consistent with its proper identification and appraisement, and stating the amount and character of all choses in action, with the names of debtors, belonging to the trust. In reducing such inventory to writing, the trustee must leave appropriate spaces opposite each article or item, with proper caption, in which spaces the appraised value may be inserted by the appraisers. The trustee must, within the time above stipulated, file, in the office of the register or clerk of the county in which the most valuable portion of the trust property may be, two copies of such inventory, each of which shall be duly verified by his affidavit; and if there be property in more than one county, a separate inventory of the property in each county must be made and filed. Supplemental inventories may be made in like manner.
(Code 1886, §3553; Code 1896, §4156; Code 1907, §6058; Code 1923, §10395; Code 1940, T. 58, §12.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-25 - Appointment and Duties of Appraisers.

Section 19-3-25
Appointment and duties of appraisers.
On the filing of such inventory, the register or clerk must indorse upon each of such copies the fact and date of such filing and must appoint three competent and disinterested persons, who must not be of kin or of counsel to any person interested in the trust estate, appraisers of and in each county in which any part of the trust property may be, and must attach to the commission one of the copies of such inventory, filed by the trustee; and the appraisers must, in writing, appraise at its true value, the property described in such inventory, and set down in figures opposite each item, the appraised value thereof, add each column and carry forward the result so as to show the total valuation placed upon such property, and verify the same by affidavit and make return thereof to the register or clerk who must record the commission to the appraisers and such combined inventory and appraisement, together with the affidavits appended thereto. The other copy of the inventory filed by the trustee must be carefully preserved by the register or clerk, free to examination of all persons, but must not be recorded. The appraisers are severally entitled to $2.00 for each day's service in making such appraisement, to be taxed as costs and collected and paid over by the register or clerk.
(Code 1886, §3554; Code 1896, §4157; Code 1907, §6059; Code 1923, §10396; Code 1940, T. 58, §13.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-26 - When Petition for Administration May Be Filed; Contents of Petition.

Section 19-3-26
When petition for administration may be filed; contents of petition.
If the value of the trust estate, as appraised by the appraisers, exceeds $1,000.00, the trustee, or assignor, or any creditor, or any number of them, may file a petition in the circuit court of the county in which the inventory and appraisement are required to be filed, for the administration of the trust. Such petition must briefly allege the making of the assignment, the value of the trust estate, as shown by the appraisement, and the names and residences of all creditors, so far as known, and pray that the trust be administered by the circuit court.
(Code 1896, §4158; Code 1907, §6060; Code 1923, §10397; Code 1940, T. 58, §14.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-27 - Submission of Petition to Circuit Judge; Order Designating Time for Presenting Claims.

Section 19-3-27
Submission of petition to circuit judge; order designating time for presenting claims.
Upon the filing of such petition the register or clerk must submit the same, together with the inventory and appraisement, upon the original papers, to the circuit judge and the circuit judge must make an order designating a day, not less than two nor more than 12 months from the date thereof, by or on which day all claims against the trust estate must be presented, verified by affidavit.
(Code 1896, §4159; Code 1907, §6061; Code 1923, §10398; Code 1940, T. 58, §15.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-28 - Notice to Creditors.

Section 19-3-28
Notice to creditors.
Upon the making of such order the register or clerk must give notice thereof by mail, postage prepaid, to each creditor whose name and address he may, by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record of the deed of assignment in the office of the judge of probate, or any other available source of information, and must also give notice by publication once a week for three successive weeks in a newspaper published in the county, or if there be no such paper, by posting the notice at the courthouse door for the same length of time. Such notice may be substantially in the following form:
"To the creditors of A.B., of _____:
"The said A.B., having made an assignment for the benefit of creditors, and C.D. having filed his petition for the administration of such trust by the circuit court, and the circuit judge having made an order designating the _____ day of _____, as a day by or on which all claims of creditors must be presented; all parties in interest are hereby notified of the filing of such petition, and all persons having claims against the trust estate are required to file the same, or a statement thereof, verified by affidavit, in the office of the register or clerk at _____, by or on the day above specified, or the same will be barred.
"This the ____ day of ______.
E. F., Register or Clerk"
(Code 1896, §4160; Code 1907, §6062; Code 1923, §10399; Code 1940, T. 58, §16.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-29 - Presentation of Claims; Verification; Receipt.

Section 19-3-29
Presentation of claims; verification; receipt.
All claims against the trust estate must be presented by or on the day specified in such order and notice, by filing the claim, or a statement thereof, in the office of the register or clerk, verified as claims against the estate of a decedent are required to be verified, before a notary public or other officer authorized to take and certify affidavits within or beyond the state; and all claims not so presented are precluded from sharing in the assignment or participating in any dividend that may be made from the trust estate, until all presented and allowed claims shall have been paid in full. But when a claim has been so presented prior to giving of such notice, a second presentation is not necessary. Any defect or insufficiency in the affidavit may be remedied by amendment at any time. The register or clerk must give to the creditor, his agent or attorney a receipt for his claim, and must indorse thereon the date of filing and sign his name thereto.
(Code 1896, §4161; Code 1907, §6063; Code 1923; §10400; Code 1940, T. 58, §17.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-30 - Claims Docket.

Section 19-3-30
Claims docket.
The register or clerk must keep a docket in which he must enter each claim, showing under appropriate captions, the name and address of the claimant, the amount and character of his claim, when due, by whom certified and when filed, with appropriate spaces for the insertion of the amount of each claim allowed and the amount of the dividend thereon at each distribution of the trust estate.
(Code 1896, §4162; Code 1907, §6064; Code 1923, §10401; Code 1940, T. 58, §18.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-31 - Claims Presented and Not Objected to Stand Allowed.

Section 19-3-31
Claims presented and not objected to stand allowed.
All claims to which no objection is made in the manner provided in Sections 19-3-32 and 19-3-33, within three months after the expiration of the time prescribed for the presentation of claims, stand allowed without further proof.
(Code 1896, §4163; Code 1907, §6065; Code 1923, §10402; Code 1940, T. 58, §19.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-32 - Objections to Claims - Filing of Objections.

Section 19-3-32
Objections to claims - Filing of objections.
At any time within three months after the expiration of the time allowed for the presentation of claims, or at any time prior thereto, the trustee or assignor or any creditor or party in interest may object to the allowance of any claim filed against the trust estate, by filing objections thereto in writing.
(Code 1896, §4164; Code 1907, §6066; Code 1923, §10403; Code 1940, T. 58, §20.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-33 - Objections to Claims - Time for Hearing; Notice.

Section 19-3-33
Objections to claims - Time for hearing; notice.
Within 30 days after the expiration of the time allowed for filing objections to claims, the register or clerk must appoint a time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections as have been filed; and of the nature of the objections and the time appointed for such hearing, he must give notice to each person whose claim is contested, by citation to be served upon him, his agent or attorney, or, if he be a nonresident and have no resident agent or attorney, such citation must be sent by mail, postage prepaid, to such claimant at his post office address.
(Code 1896, §4165; Code 1907, §6067; Code 1923, §10404; Code 1940, T. 58, §21.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-34 - Objections to Claims - Conduct of Hearing; Order Allowing or Disallowing Claim.

Section 19-3-34
Objections to claims - Conduct of hearing; order allowing or disallowing claim.
On the day appointed for the hearing, or any day to which the same may be continued, the register or clerk must proceed to hear and note the testimony for and against the contested claim, the verified claim or statement thereof being prima facie evidence of its correctness, and must make an order allowing or disallowing the claim, in whole or in part, according to the evidence.
(Code 1896, §4166; Code 1907, §6068; Code 1923, §10405; Code 1940, T. 58, §22.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-35 - Duty of Trustee to Render Account.

Section 19-3-35
Duty of trustee to render account.
Within three months after the expiration of the time allowed for the filing of objections to claims, the trustee must render, under oath, to the register or clerk an account charging himself with all the moneys of the trust estate which have come into his possession, or with which he is chargeable, and crediting himself with all sums to which he is entitled as credits, and must file therewith the vouchers on which he relies to sustain such credits. A similar account must be filed every six months thereafter.
(Code 1896, §4167; Code 1907, §6069; Code 1923, §10406; Code 1940, T. 58, §23.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-36 - Time for Settlement; Notice to Creditors.

Section 19-3-36
Time for settlement; notice to creditors.
Upon the filing of such account the register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to each creditor, his agent or attorney and to the assignor.
(Code 1896, §4168; Code 1907, §6070; Code 1923, §10407; Code 1940, T. 58, §24.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-37 - Examination and Auditing of Account; Judgment.

Section 19-3-37
Examination and auditing of account; judgment.
Upon the day so appointed, or any day to which the hearing may be continued, the register or clerk must proceed to examine and audit the account; and upon such auditing, the assignor or any creditor or party in interest, his representative or transferee, may move the register or clerk to charge the trustee with sums other than those with which he has charged himself, or may object to the allowance of any item for which he claims credit; and such matters must be heard and the account stated and passed upon by the register or clerk and distribution made and judgment to creditors as in insolvent estates administered in the court of probate; and after deducting the costs and expenses of administration, including five percent commissions to the trustee on the amount of money with which he is charged, and the allowance of reasonable charges for the preparation of the deed of assignment, and after the discharge of all liens or claims having priority, the register or clerk must enter judgment to each creditor whose claim has been allowed, his proportion of such money, reserving in the hands of the trustee a ratable proportion for such claims as may be then contested and undecided; and if no appeal is taken, as provided in Section 19-3-38, and prosecuted to effect, the register or clerk may issue execution upon such judgments, against the trustee, and the sureties on his bond, if he has given bond. Upon application to the register or clerk by the assignee or any party in interest, such compensation of the assignee may be increased or diminished by the register or clerk for good cause shown.
(Code 1896, §4169; Code 1907, §6071; Code 1923, §10408; Code 1940, T. 58, §25.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-38 - Admissibility of Evidence at Hearings; Exceptions; Appeals.

Section 19-3-38
Admissibility of evidence at hearings; exceptions; appeals.
Upon a hearing before the register or clerk under any of the provisions of this article, any competent legal evidence, written or oral, may be received. All such evidence must be noted and oral testimony reduced to writing by the register or clerk. Within 10 days thereafter, either party may file exceptions to the action or conclusion of the register or clerk, and may have the same reviewed by the circuit judge upon 10 days' notice to the other party, such review to be without any presumption in favor of the correctness of the action or conclusion of the register or clerk. From the decision of the circuit judge thereon an appeal lies to the court of civil appeals or the supreme court within 42 days.
(Code 1896, §4170; Code 1907, §6072; Code 1923, §10409; Code 1940, T. 58, §26.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-39 - Compromise or Sale of Bad Debts.

Section 19-3-39
Compromise or sale of bad debts.
Upon the application of the trustee, the court may authorize the compromise of any bad and doubtful debts or choses in action belonging to the trust estate, or the sale thereof to the highest bidder, on such terms and notice as the court may prescribe.
(Code 1896, §4171; Code 1907, §6073; Code 1923, §10410; Code 1940, T. 58, §27.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-40 - Sale of Real Estate; Notice to Creditors.

Section 19-3-40
Sale of real estate; notice to creditors.
The trustee may make sale of any real estate or interest therein belonging to the trust estate, at public outcry to the highest bidder, after giving notice thereof by publication once a week for three successive weeks in a newspaper published in the county where the real estate is situated, or, if there be no such paper, by posting notice at the courthouse door for the same length of time; and of such sale the trustee must also give notice by mail, postage prepaid, to each creditor, in time to reach him 10 days before the day of sale. But nothing contained in this section shall prevent the assignee from exercising the powers of sale or other powers conferred by the deed of assignment, unless specially restrained from so doing by an order made in writing by the circuit judge and filed in the court.
(Code 1896, §4172; Code 1907, §6074; Code 1923, §10411; Code 1940, T. 58, §28.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 2 - Express Trusts for Payment or Security of Debts. › Section 19-3-41 - When Settlements Compelled; Removal of Trustee and Appointment of Successor.

Section 19-3-41
When settlements compelled; removal of trustee and appointment of successor.
If the trustee shall fail to make settlement, partial or final, as required in this article he may be compelled to do so, by citation to be issued by the register or clerk on order of the court, at the instance of any creditor or party interested in the trust, in all respects as executors and administrators may be compelled to make settlements in the court of probate; or, upon motion of a majority in value of the creditors, the court must remove such defaulting trustee and appoint another in his stead, who may be nominated by the creditors, as provided by this Code, for the nomination of an administrator of an insolvent estate by the creditors thereof.
(Code 1896, §4173; Code 1907, §6075; Code 1923, §10412; Code 1940, T. 58, §29.)
2023 Code of Alabama › Title 19 - Fiduciaries and Trusts. › Chapter 3 - Trusts. › Article 3 - Business Trusts. › Section 19-3-60 - Definition of "Business trust."

Section 19-3-60
Definition of "business trust."
A business trust is an express trust created by a written declaration of trust whereby property is conveyed to one or more trustees, who hold and manage the same for the benefit and profit of such persons as may be or become the holders of transferable certificates evidencing the beneficial interest in the trust estate.
(Acts 1961, Ex. Sess., No. 251, p. 2263, §1.)