Code of Alabama - Title 26: Infants and Incompetents - Chapter 5 - Settlements of Accounts of Conservators

• Article 1 In General.
• Section 26-5-1 Jurisdiction
  The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of...
• Section 26-5-2 Partial settlement - When required; filing of account and vouchers by conservator; appointment of guardian ad litem for ward
  If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her...
• Section 26-5-3 Partial settlement - Establishment of day for settlement; notice thereof
  The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for...
• Section 26-5-4 Partial settlement - Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where vouchers or items rejected
  On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and...
• Section 26-5-5 Partial settlement - Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers
  After the examination of the vouchers, and the audit and statement of the account, the court must render a decree passing the same and declaring...
• Section 26-5-6 Partial settlement - Presumption as to correctness upon final settlement; reexamination, etc., of items of account
  Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if,...
• Section 26-5-7 Final settlement generally - When required
  On the death, resignation, or removal of the conservator or on the expiration of his or her authority otherwise or on the arrival of the...
• Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator; appointment of guardian ad litem for ward
  The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers...
• Section 26-5-9 Final settlement generally - Establishment of day for settlement; notice thereof
  The court must appoint a day for the settlement, of which 10 days' notice must be given to the succeeding conservator, if there is such...
• Section 26-5-10 Final settlement generally - Examination of vouchers and auditing and stating of account; taxing of costs for contest or examination where voucher or items rejected
  On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and...
• Section 26-5-11 Final settlement generally - Rendition and recordation of decree as to vouchers and account; recordation of account and vouchers
  After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring...
• Section 26-5-12 Final consent settlement between conservator and ward
  A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at...
• Section 26-5-13 Determination, allowance, etc., of conservator's and attorney's fees generally - Annual, partial, or final settlements generally
  Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other...
• Section 26-5-14 Determination, allowance, etc., of conservator's and attorney's fees generally - Final settlements
  In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been...
• Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts
  Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such...
• Section 26-5-16 Compensation of conservator - Commissions generally; allowances for actual expenses and for special or extraordinary services rendered; premiums on bond
  A conservator is entitled for his or her services to reasonable compensation. On final settlement, an allowance must be made of actual expenses necessarily incurred...
• Section 26-5-18 Enforcement of orders or decrees of probate court against conservator, etc
  The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or...
• Article 2 Compulsion of Settlement by Probate Court.
• Section 26-5-30 Partial settlement generally - Authorization and procedure generally
  The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement...
• Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement; issuance of process to conservator as to hearing thereupon; dismissal of application
  On the application of the ward by next friend or the sureties on the conservator's bond, showing satisfactory cause, the court may issue process to...
• Section 26-5-32 Partial settlement generally - Issuance of process requiring conservator to make partial settlement; taxing of costs
  If a conservator fails to make a partial settlement as often as such settlement is required of him or her, the court must issue process...
• Section 26-5-33 Final settlement generally - Authorization and procedure generally for compulsion of settlement by conservator
  On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward's incapacity or on the expiration...
• Section 26-5-34 Final settlement generally - Authorization and procedure generally for compulsion of settlement by personal representative of conservator
  On the death of a conservator, at any time after the expiration of six months from the qualification of his or her personal representative, such...
• Section 26-5-35 Proceedings upon failure of conservator to obey process to appear and file accounts and vouchers
  If a conservator fails to obey any process requiring him or her to appear and file his or her accounts and vouchers for a final...
• Section 26-5-36 Statement of account by court upon failure of conservator or personal representative to file accounts and vouchers after notice
  If a conservator, after notice, fails to file his or her accounts and vouchers for a final or partial settlement or if the personal representative...
• Section 26-5-38 Proceedings upon appearance; filing of accounts and vouchers, etc., by conservator or personal representative on appointed day
  If, on or before the day so appointed, the conservator, or the personal representative of the conservator, if the account is stated against such representative,...
• Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear and file accounts and vouchers on appointed day
  If such conservator or personal representative fails to appear and file his or her accounts and vouchers for settlement, any person having an interest may...
• Article 3 Settlement Upon Death of Conservator.
• Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator, etc., by sureties on bond of conservator
  In case of the death of a conservator who has not made a final settlement of his or her conservatorship and when there shall have...
• Section 26-5-51 Personal representative of conservator may be made party to settlement proceedings
  Should a personal representative of such deceased conservator be appointed at any time before final decree, any party to the proceeding may on motion have...
• Section 26-5-52 Succeeding conservator, etc., may secure order requiring sureties to make settlement in probate court
  In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such...
• Section 26-5-53 Settlement conclusive
  In all such cases provided for in Section 26-5-52, the settlement therein provided for shall be final and conclusive against such sureties, save the right...
• Section 26-5-54 Issuance of execution, etc., against sureties
  Execution and all other final process may issue against the sureties on the bond to enforce the judgments.

Last modified: May 3, 2021