reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-3 - When Courts Deemed Open for Granting of Letters Testamentary, etc., and Making of Orders Grantable as Matter of Course; Limitation Period for Setting Aside or Amendment of Orders or Decrees and Reopening of Cases.

Section 12-13-3
When courts deemed open for granting of letters testamentary, etc., and making of orders grantable as matter of course; limitation period for setting aside or amendment of orders or decrees and reopening of cases.
The probate court shall at all times be considered as open, except on Saturdays, Sundays and holidays, with authority to do all things needful in relation to granting letters testamentary or of administration or guardianship and all matters pertaining thereto and making all other necessary orders which are grantable as a matter of course.
In all cases, any order or decree may be set aside or amended and the case reopened within 30 days after the rendition thereof by the judge of the court in which said decree was rendered or said order was made.
(Code 1852, §673; Code 1867, §795; Code 1876, §701; Code 1886, §794; Code 1896, §3371; Code 1907, §5129; Code 1923, §9590; Acts 1932, Ex. Sess., No. 43, p. 52; Code 1940, T. 13, §295.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-4 - Where Cases, etc., May Be Heard, etc., in Counties Where Terms of Court Held in Places Other Than County Seat.

Section 12-13-4
Where cases, etc., may be heard, etc., in counties where terms of court held in places other than county seat.
In all counties in this state where terms of the probate court are held at places other than the county seat, the probate courts of such counties may try any case, sign any order, judgment or decree arising in said county and hear and determine any matter, case or proceedings at any time at either the county seat or at any place other than the county seat where such matter, case or proceedings may be legally heard, tried or determined.
(Acts 1931, No. 446, p. 540; Code 1940, T. 13, §296.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-5 - Form, Execution, Return, etc., of Letters Testamentary, etc., and Process of Probate Court Generally.

Section 12-13-5
Form, execution, return, etc., of letters testamentary, etc., and process of probate court generally.
All letters testamentary, of administration and of guardianship and all process from the probate court shall be signed by the judge or his chief clerk, bear the date of the day of issue and conform, as nearly as possible, to those used in other courts in this state and shall be directed, executed and returned in like manner and under the same penalties unless otherwise provided by law.
(Code 1852, §675; Code 1867, §797; Code 1876, §703; Code 1886, §796; Code 1896, §3375; Code 1907, §5433; Code 1923, §9595; Code 1940, T. 13, §304.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-6 - When Process of Probate Court May Be Made Returnable.

Section 12-13-6
When process of probate court may be made returnable.
All executions and other process issuing from the probate court may be made returnable, if no other day is provided by law, not less than three nor more than six months after such issue.
(Code 1852, §680; Code 1867, §805; Code 1876, §710; Code 1886, §799; Code 1896, §3378; Code 1907, §5436; Code 1923, §9598; Code 1940, T. 13, §307.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-7 - Garnishments - Issuance, Enforcement, etc., Generally.

Section 12-13-7
Garnishments - Issuance, enforcement, etc., generally.
The probate court may issue process of garnishment upon decrees for money, in favor of plaintiffs in such decrees, returnable within 30 days, upon compliance with the laws respecting garnishments in the circuit courts on judgments and may render judgments or decrees on the answers of such garnishees, enforce the collection thereof by execution, as may be necessary, and try all collateral issues that may grow out of the answers of such garnishees, both as to a contest of an answer or a claim of an alleged transferee.
(Code 1867, §802; Code 1876, §708; Code 1886, §797; Code 1896, §3376; Code 1907, §5434; Code 1923, §9596; Code1940, T. 13, §305.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-8 - Garnishments - Applicability of Provisions Pertaining to Garnishments in Circuit Court.

Section 12-13-8
Garnishments - Applicability of provisions pertaining to garnishments in circuit court.
The provisions of this code in reference to garnishments in the circuit court are applicable to garnishments in the probate court.
(Code 1867, §803; Code 1876, §709; Code 1886, §798; Code 1896, §3377; Code 1907, §5435; Code 1923, §9597; Code 1940, T. 13, §306.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-9 - Powers of Probate Court as to Punishment for Contempt.

Section 12-13-9
Powers of probate court as to punishment for contempt.
(a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both.
(b) In all cases or other proceedings in the probate court of a county where the judge of probate is a licensed attorney in this state, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or other law or as provided by the common law of this state.
(Code 1852, §671; Code 1867, §791; Code 1876, §694; Code 1886, §788; Code 1896, §3364; Code 1907, §5420; Code 1923, §9580; Code 1940, T. 13, §279; Act 2017-388, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-10 - Changes of Venue.

Section 12-13-10
Changes of venue.
In all cases in the probate court where a jury may be called to try contested facts, changes of venue may be had as in cases of contested wills and all the provisions as to changes of venue in cases of contested wills shall apply to changes of venue under this section.
(Code 1867, §809; Code 1876, §716; Code 1886, §804; Code 1896, §3383; Code 1907, §5441; Code 1923, §9603; Code1940, T. 13, §312.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-11 - Grounds for Granting New Trials; Costs Therefor.

Section 12-13-11
Grounds for granting new trials; costs therefor.
(a) On motion filed within 30 days from entry of judgment, a new trial may be granted for the following grounds:
(1) Irregularity in the proceedings of the court, jury or prevailing party, or any order of court, or abuse of discretion, by which the party was prevented from having a fair trial.
(2) Misconduct of the jury or prevailing party.
(3) Accident or surprise, which ordinary prudence could not have guarded against.
(4) Excessive or inadequate damages.
(5) Error in the assessment of the amount of recovery, whether too large or too small where the action is upon a contract or for the injury or detention of property.
(6) The verdict or decision is not sustained by the great preponderance of the evidence or is contrary to law.
(7) Newly discovered evidence, material for the party applying, which he could not, with reasonable diligence, have discovered and produced at the trial.
(8) Error of law occurring at the trial and properly preserved by the party making the application.
(b) The court, in granting new trials, may allow the same upon the payment of such costs by party applying therefor, as the justice and equity of the case may require, taking into consideration the causes which may make such new trial necessary.
(Code 1923, §9518; Code 1940, T. 13, §276.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-12 - Applicability of Provisions Pertaining to Evidence, Pleading, and Practice, etc., in Circuit Court.

Section 12-13-12
Applicability of provisions pertaining to evidence, pleading, and practice, etc., in circuit court.
The provisions of this code in reference to evidence, pleading and practice, judgments and orders in the circuit court, so far as the same are appropriate, and the mode of obtaining evidence by oral examination or by deposition and of compelling the attendance of witnesses and of enforcing orders and judgments, in the absence of express provision to the contrary, are applicable to the proceedings in the probate court.
(Code 1852, §682; Code 1867, §807; Code 1876, §712; Code 1886, §801; Code 1896, §3380; Code 1907, §5438; Code 1923, §9600; Code 1940, T. 13, §309.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-13 - Chief Clerk of Probate Court - Oath and Bond.

Section 12-13-13
Chief clerk of probate court - Oath and bond.
The chief clerk of the probate court, before he enters upon his duties, must take the oath directed to be taken by the officers of this state and give bond, with surety, payable to the probate judge, in such sum as he may prescribe, upon which bond such clerk shall be liable to such judge inconsequence of any act of misfeasance or malfeasance of such chief clerk in the duties of his office, which bond must be approved by the probate judge and filed and recorded in the office of the clerk of the circuit court of the county.
(Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §§3372, 3373; Code 1907, §5430; Code 1923, §9593; Code 1940, T. 13, §301.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-14 - Chief Clerk of Probate Court - Powers Generally; Authority for Performance of Official Acts of Chief Clerk Generally.

Section 12-13-14
Chief clerk of probate court - Powers generally; authority for performance of official acts of chief clerk generally.
(a) The chief clerk shall have the following powers:
(1) To issue letters testamentary, of administration and of guardianship, where there is no contest.
(2) To administer oaths relating to the business of the court and to take and certify acknowledgments and proof of instruments authorized to be recorded.
(3) To solemnize matrimony, approve bonds and appoint guardians ad litem.
(4) To admit wills to probate and record and to pass and allow accounts of executors, administrators and guardians, where there is no contest.
(5) To do all other acts and things and perform all other duties, ministerial and judicial, where there is no contest, that the probate judge may do and perform.
(b) All of the official acts of such chief clerk must be performed in the name of the probate judge, except when there is a vacancy in that office.
(Code 1852, §674; Code 1867, §796; Code 1876, §702; Code 1886, §795; Code 1896, §3372; Code 1907, §5430; Code 1923, §9592; Code 1940, T. 13, §300.)
2023 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 12-13-15
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.
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.)
2023 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 12-13-16
Preparation, 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.)
2023 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 12-13-17
Liability 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.)
2023 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 12-13-18
Failure 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.)
2023 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 12-13-19
Payment 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.)
2023 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 12-13-20
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 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.)
2023 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 12-13-21
Appointment 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.)
2023 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 12-13-22
Requirement 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-30 - Election; Term of Office.

Section 12-13-30
Election; 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-31 - Qualifications.

Section 12-13-31
Qualifications.
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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-32 - Filling of Vacancies.

Section 12-13-32
Filling 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-33 - Amount of Bond.

Section 12-13-33
Amount 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 Collections
Over
But Not Over
Amount of Bond
Of Excess Over
Zero
$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.)
2023 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 12-13-34
Persons 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-35 - Seal of Office.

Section 12-13-35
Seal 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-36 - Offices and Office Hours.

Section 12-13-36
Offices 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.)
2023 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 12-13-37
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.
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.)
2023 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 12-13-38
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.
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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-39 - Probate Judges Deemed Conservators of Peace.

Section 12-13-39
Probate 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-40 - Powers of Probate Judges Generally.

Section 12-13-40
Powers 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.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-42 - Furnishing to Veterans Administration of Copies of Decrees Upon Settlement by Guardians of Beneficiaries of Administration; Payment of Fees Therefor.

Section 12-13-42
Furnishing to veterans administration of copies of decrees upon settlement by guardians of beneficiaries of administration; payment of fees therefor.
At the time of settlement, either partial or final, by a guardian of a beneficiary of the United States Veterans Administration and upon request of counsel of such agency, it shall be the duty of the probate judge in whose court the settlement is had and passed to furnish to the United States Veterans Administration a certified copy of the decree of the said court on the guardian's settlement without cost to said United States Veterans Administration. For furnishing such certified copy the probate judge is authorized to collect from the guardian the fee now allowed by law for furnishing a copy of such decree on settlement by a guardian.
(Acts 1927, No. 91, p. 70; Code 1940, T. 13, §284; Acts 1951, No. 32, p. 242.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-43 - Maintenance of General Direct and Reverse Indexes of Instruments Filed for Record; Liability of Probate Judge for Failure to Comply With Provisions of Section.

Section 12-13-43
Maintenance of general direct and reverse indexes of instruments filed for record; liability of probate judge for failure to comply with provisions of section.
The probate judge of each county in this state shall keep in his office four well-bound books of suitable size and grade of paper in which to make a general direct and a general reverse index of each instrument filed for record in his office, and two of said books shall be used for conveyances of real property and two for conveyances of personal property and all other instruments entitled to record in his office. In the general direct indexes he shall enter, in regular alphabetical order, under appropriate title, the name of each maker of the instrument, the name of each person to whom made, the date and character of such instrument and the date filed for record; and, in the general reverse indexes, in like alphabetical order, under its appropriate title, he shall enter the name of each person to whom the instrument is made, the name of each person by whom the instrument is made, the date and character of such instrument and the date filed for record. Instruments containing conveyances of both real and personal property shall be entered upon each set of indexes.
Immediately on receipt of any instrument to be recorded, the probate judge shall make the entries required by this section; and, after recording the instrument, the books and page in which the record is made shall be noted opposite each name thus placed in such general direct and in such general reverse indexes.
Failure to comply strictly with the provisions of this section shall subject the probate judge to a penalty of $100.00 for each failure, to be recovered by any person who institutes a civil action for the same, besides damages to any person injured by such failure.
(Code 1907, §5422; Acts 1915, No. 664, p. 725; Code 1923, §9582; Code 1940, T. 13, §285.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-44 - Reports to Department of Human Resources as to Adoptions - Required.

Section 12-13-44
Reports to Department of Human Resources as to adoptions - Required.
It shall be the duty of the probate judges to make, on or before the tenth day of each month, to the State Department of Human Resources, reports on all adoptions handled by such courts during the preceding month. All reports required by this section shall be made upon forms furnished by the State Department of Human Resources.
(Acts 1923, No. 275, p. 270; Code 1940, T. 13, §288.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-46 - Authorization by County Commission of Rebinding or Recopying of Books in Office of Probate Judge; Manner of Recopying or Rebinding and Compensation of Probate Judge Therefor.

Section 12-13-46
Authorization by county commission of rebinding or recopying of books in office of probate judge; manner of recopying or rebinding and compensation of probate judge therefor.
The probate judge, deeming it necessary to recopy or rebind any books in his office, including maps or plats, in order to secure their contents from damage or loss must submit the same to the examination of the county commission, which, if it deem such rebinding or recopying necessary, must, upon its minutes, order the same to be made, and the probate judge must make the same in good and substantial books or binding and the county commission must allow him a reasonable compensation therefor.
(Code 1867, §740; Code 1876, §697; Code 1886, §790; Code 1896, §3366; Code 1907, §5424; Code 1923, §9584; Code 1940, T. 13, §290.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-47 - Execution of Contract for Rebinding of Books by Probate Judge; Surrender of Custody of Books for Rebinding.

Section 12-13-47
Execution of contract for rebinding of books by probate judge; surrender of custody of books for rebinding.
If the county commission deems it advisable to rebind any of the books of the county, it shall be lawful for the probate judge to contract with a book bindery for the rebinding of such book, taking due precaution for the safety of the book and its due and proper return. For this purpose, the probate judge may surrender custody of a book for a period of not longer than 30 days.
(Code 1923, §9585; Code 1940, T. 13, §291.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-48 - Payment to Probate Judge of Money Due on Decree Upon Settlement by Executor, Administrator, etc.; Duty of Judge as to Payment of Money to Person Entitled Thereto and Liability for Failure to Perform Duty.

Section 12-13-48
Payment to probate judge of money due on decree upon settlement by executor, administrator, etc.; duty of judge as to payment of money to person entitled thereto and liability for failure to perform duty.
Money due on decrees for the payment of money rendered against any executor, administrator or guardian on a partial or final settlement may be paid to the probate judge, and it shall be his duty to pay over the same to the person entitled thereto on demand upon proper proof of identity or authority; and, for failure to do so, he shall incur a penalty in favor of the person entitled to the money of 10 percent damages, which, together with the money received and interest thereon, may be recovered by civil action on his bond.
(Code 1867, §793; Code 1876, §699; Code 1886, §792; Code 1896, §3369; Code 1907, §5427; Code 1923, §9588; Code 1940, T. 13, §293.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-49 - Payment of Probate Judge for Receipt of Money Under Section 12-13-48.

Section 12-13-49
Payment of probate judge for receipt of money under Section 12-13-48.
The probate judge shall be entitled to one half of one percent for receiving money under Section 12-13-48, to be paid by the party from whom the same is received out of his own funds, and the probate judge shall not be bound to receive this money until such percentage is paid.
(Code 1867, §794; Code 1876, §700; Code 1886, §793; Code 1896, §3370; Code 1907, §5428; Code 1923, §9589; Code1940, T. 13, §294.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-50 - Examination of Records of Probate Judge.

Section 12-13-50
Examination of records of probate judge.
The records of the office must be free for the examination of all persons when not in use by the judge, whether such persons are interested in such records or not.
(Code 1867, §741; Code 1876, §698; Code 1886, §791; Code 1896, §3367; Code 1907, §5425; Code 1923, §9586; Code1940, T. 13, §292.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-53 - Failure to Collect Recording or Registration Tax, etc., Upon Mortgages, Deeds of Trust, Etc.

Section 12-13-53
Failure to collect recording or registration tax, etc., upon mortgages, deeds of trust, etc.
Any probate judge who shall file for record or shall record any mortgage, deed of trust or other instrument in the nature of a mortgage without collecting the recording or registration tax provided for the recording or registration of such instruments or who shall fail to certify the fact that said tax has been paid before the filing and recording of such instrument shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $100.00.
(Code 1907, §7458; Code 1923, §5050; Code 1940, T. 13, §282.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 2 - Judges. › Section 12-13-54 - Failure to Keep Abstract of Mortgages, Etc.

Section 12-13-54
Failure to keep abstract of mortgages, etc.
Any probate judge who fails to keep an abstract of mortgages or other instruments intended to secure the payment of money which are filed in his office for record, as he is required by law to keep, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $500.00.
(Code 1896, §3990; Code 1907, §7459; Code 1923, §5051; Code 1940, T. 13, §299.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 3 - Supernumerary Judges. › Section 12-13-70 - Continuation of Laws Concerning Duties, Benefits, Etc.

Section 12-13-70
Continuation of laws concerning duties, benefits, etc.
All laws dealing with the eligibility of probate judges to assume duties and obligations, and to claim and receive benefits, as supernumerary probate judges are, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of October 1, 1976, continued in full force and effect, and shall not be repealed by the adoption of this code. But at such time as all persons who became vested with eligibility, either present or prospective, to assume duties and responsibilities, and to claim and receive benefits as, or, in the case of surviving spouses, on account of, supernumerary probate judges as of October 1, 1976, are deceased, all such laws shall thereupon be repealed.
(Acts 1977, No. 20, p. 28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 14 - Municipal Courts. › Article 1 - General Provisions. › Section 12-14-1 - Establishment; Jurisdiction.

Section 12-14-1
Establishment; jurisdiction.
(a) There is hereby established, effective December 27, 1977, for each municipal corporation, hereinafter referred to in this chapter as "municipality," within the state, except those which elect not to have such courts by ordinance adopted before December 27, 1977, a municipal court subject to the authority, conditions and limitations provided by law.
(b) The municipal court shall have jurisdiction of all prosecutions for the breach of the ordinances of the municipality within its police jurisdiction.
(c) The municipal court shall have concurrent jurisdiction with the district court of all acts constituting violations of state law committed within the police jurisdiction of the municipality which may be prosecuted as breaches of municipal ordinances.
(Acts 1975, No. 1205, p. 2384, §8-101.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 14 - Municipal Courts. › Article 1 - General Provisions. › Section 12-14-2 - Provision by Municipality of Facilities, Court Personnel, Prosecutorial Services, Etc.

Section 12-14-2
Provision by municipality of facilities, court personnel, prosecutorial services, etc.
(a) The municipality shall provide appropriate facilities and necessary supportive personnel for the municipal court and may provide for probation services, clerks and municipal employees designated as magistrates.
(b) Municipalities shall furnish prosecutorial services in municipal courts and in appeals from such judgments and orders.
(Acts 1975, No. 1205, p. 2384, §§4-131, 8-102.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 14 - Municipal Courts. › Article 1 - General Provisions. › Section 12-14-3 - Municipal Governing Body to Provide for Number of Judges and Times and Places for Holding Court.

Section 12-14-3
Municipal governing body to provide for number of judges and times and places for holding court.
The municipal court shall have the number of judges and shall hold court at times and places provided by the municipal governing body.
(Acts 1975, No. 1205, p. 2384, §8-101.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 14 - Municipal Courts. › Article 1 - General Provisions. › Section 12-14-4 - Execution by Sheriffs and Municipal Law Enforcement Officers of Warrants and Processes Committed to Them for Service by Municipal Judges.

Section 12-14-4
Execution by sheriffs and municipal law enforcement officers of warrants and processes committed to them for service by municipal judges.
The sheriffs of the counties and law enforcement officers of the municipalities of the State of Alabama shall obey the municipal judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates.
(Acts 1975, No. 1205, p. 2384, §8-109.)