Code of Alabama - Title 26: Infants and Incompetents - Chapter 8 - Removal of Person or Property of Minors and Wards
- Article 1 General Provisions.
- Article 2 Removal to Another County.
- Section 26-8-20 Authorization generally
The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county...
- Section 26-8-21 Application for removal and notice of hearing thereon; appointment of guardian ad litem
Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by...
- Section 26-8-22 Hearing; entry of order authorizing removal or dismissal of application and taxing of costs against applicant
If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall...
- Section 26-8-23 Preparation, certification, and filing of record of proceedings; grant of guardianship or conservatorship and filing of transcript thereof; removal; powers of guardian or conservator as to recovery, receipt, etc., of property of minor or ward
If the removal authorized is of the person and property of the minor or ward, a transcript of the record of the proceedings must be...
- Section 26-8-24 Settlement of conservatorship of former conservator and certification of transcript thereof to probate court of county to which removal authorized
On the filing of such transcript, the court must require the conservator of its appointment to make a final settlement of his or her conservatorship;...
- Section 26-8-25 Jurisdiction of guardianship not affected where removal of property only authorized
If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected,...
- Article 3 Removal to Another State.
- Section 26-8-40 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Authorization generally
When the parent, guardian, or other person having legal custody of a minor child or incapacitated person resides without the state or removed with such...
- Section 26-8-41 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Application, etc., for order of removal
The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the...
- Section 26-8-42 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Entry of order of removal
The court, if satisfied of the truth of the application and that the transcript of the appointment of the conservator in the state of the...
- Section 26-8-43 Removal of property of minor or ward whose parent, etc., resides without state or removes minor or ward from state - Settlement of conservatorship of conservator within state
If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order...
- Section 26-8-44 Removal of property or money when minor or ward and conservator nonresidents - Authorization generally
When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or...
- Section 26-8-45 Removal of property or money when minor or ward and conservator nonresidents - When removal of person and estate of minor or ward permitted
The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full...
- Section 26-8-46 Removal of property or money when minor or ward and conservator nonresidents - Transcript showing appointment as conservator of minor or ward in state of residence, etc.; notice to resident administrator, guardian, etc.; entry of order authorizing removal of property to state of residence
The conservator must produce a transcript from the records of a court of competent jurisdiction, certified according to the act of Congress, showing that he...
- Section 26-8-47 Removal of property or money when minor or ward and conservator nonresidents - Discharge of resident administrator, etc
Such order is a discharge of the executor, administrator, or other person in whose possession such property may be at the time of the order
- Section 26-8-48 Sale of property to effect removal thereof from state - Authorization
When the property of a minor or incapacitated person is ordered to be removed from the state under any provision contained in this article, the...
- Section 26-8-49 Sale of property to effect removal thereof from state - Application for order of sale
The application for such order of sale must be in writing, verified by affidavit, must describe the property sought to be sold and must state...
- Section 26-8-50 Sale of property to effect removal thereof from state - Proceedings under application; appointment, powers, etc., of commissioner for conduct of sale
The court, in the order of sale, must appoint a suitable person commissioner to make the sale and, except as otherwise provided in this article,...
- Section 26-8-51 Sale of property to effect removal thereof from state - Disposition of proceeds from sale; compensation of commissioner
The commissioner must, as soon as practicable after the receipt of the purchase money for the property sold by him or her, pay the same...
- Section 26-8-52 Foreign conservator to execute and deliver receipts for money or property removed from state
When a foreign conservator receives any money or property to be removed to another state under any of the provisions of this article, he or...
Last modified: May 3, 2021