Code of Alabama - Title 12: Courts - Chapter 13 - Probate Courts

• Article 1 General Provisions.
• Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments, orders, etc., of probate courts
  (a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction...
• Section 12-13-2 Person in federal service and spouse thereof who die while living within state deemed resident of state and of county in which living for purposes of probate jurisdiction
  Any person in any branch of service of the government of the United States of America, including those in the military, air and naval service,...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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.
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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)...
• 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,...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• Section 12-13-23 Declaration of residence
  (a) For the purposes of this section, the following words shall have the following meanings: (1) DECLARATION OF RESIDENCE. Any written document which conveys a...
• Article 2 Judges.
• 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...
• 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...
• 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...
• 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...
• 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...
• Section 12-13-35 Seal of office
  The probate judge shall have a seal of office.
• 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...
• 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...
• 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...
• Section 12-13-39 Probate judges deemed conservators of peace
  Probate judges shall be conservators of the peace in their respective counties.
• 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...
• Section 12-13-41 Duties of probate judges generally
  It shall be the duty of the probate judge: (1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas, executions and all other...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• Article 3 Supernumerary Judges.
• 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,...

Last modified: May 3, 2021