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 […]
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, […]
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 […]
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 […]
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 […]
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.)
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; […]
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 proceeding, dies, becomes […]
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.)
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 […]
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 process which is necessary for the exercise of his powers, the jurisdiction of the court and the enforcement of its judgments, orders and […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
