Title 12 — Title 12

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 as to all other matters which may be conferred upon them by law, unless the …

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 this section. History: (…

(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 was prevented from having…

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 compelling …

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, upon which bond such clerk shall be liable to s…

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 and to ta…

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 b…

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 register or which may become a subject …

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, coroner or other officer and his sureties are…

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 to deliver such books, papers, m…

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 national conf…

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, and the husband or wife of any …

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, 1986, for serving as cha…

(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 subs…

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 inte…

(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 i…

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…

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. History: (Code 1852, §661; Co…

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. History: (Code 1852, §662; Code 1867, §782; Code 1876, §685; Code 1886, §779; Code 1896, §3356; Code 1907, §…

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. History: (Code 1852, §663; Code 1867, §783; Code 1876, §686; Code 1886, §780; Code 1896, §3355; Code 1907, §…

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 filed…

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 officer whose bond it is his duty…

The probate judge shall have a seal of office. History: (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.)

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. History: (Code …

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 auth…

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 incompetent or fai…

Probate judges shall be conservators of the peace in their respective counties. History: (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.)

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 order, judgment or decree arising in said county and hear and …

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 of fa…

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…

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 duty o…

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 general direct and a general revers…

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 by this section shall be made upon …

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 or loss must …

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, taking due precaution for the safety of the …

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…

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 bound to receive this money until such percentage is paid…

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, to those used in other…

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. History: (Code 1867, §741; Code 1876, §698; Code 1886, §791; Code 1896, §3367; Code 1907, §5425; Code 1923, §9586; C…

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 without collecting the recording or registration tax provided for the recording or registration of such instruments or who …

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 his office for record, as he is required by law to keep, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less tha…

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. History: (Code 1852, §680; Code 1867, §805; Code 1876, §710; Code 1886, §799; Code 1896, §337…

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 with the laws respecting garnishments in the circuit courts on judgments and may render judgments or decrees on the answer…

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, as to all persons who were eligible to assume such duties and obligations and claim and receive such benefits as of Oc…

Circuit Court. The provisions of this code in reference to garnishments in the circuit court are applicable to garnishments in the probate court. History: (Code 1867, §803; Code 1876, §709; Code 1886, §798; Code 1896, §3377; Code 1907, §5435; Code 1923, §9597; Code 1940, T. 13, §…

(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, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 ho…