Section 12-13-1 Jurisdiction generally; validity and presumptions to be accorded to judgments, orders, etc., of probate courts. THIS SECTION WAS AMENDED BY ACT 2022-123 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The probate court shall have original and general jurisdiction as to all matters […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 12-13-20 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, […]
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 […]
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 […]
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 person’s intention to designate any place within this state as his or her place of residence. (2) PERSON. Whether used in the singular or plural […]
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 […]
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 […]
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, […]
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 […]
