Title 26 — Title 26
0 chapters · 758 sections in this title.
Ala. Code § 26-2-1 “Person of Unsound Mind” and “Partially Disabled Person” Defined;
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Application of Provisions to Partially Disabled Persons. Repealed by Acts 1987, No. 87-590, p. 975, §2-333(a), effective January 1, 1988.
Ala. Code § 26-2-2 Removal of Guardianship or Conservatorship from Probate to Circuit
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Court. (Amended by 2026-488) [Effective until January 1, 2027.] AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probat…
Ala. Code § 26-2-26 General Conservator for County
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The judge of probate may appoint a general conservator for the county who must be appointed and act as a conservator when no other fit person applies for appointment and qualifies. The term of office of such general conservator shall continue during the term of the judge by whom …
Ala. Code § 26-2-27 Appointment of Sheriff as Guardian
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If no fit person is appointed and qualifies as guardian of a minor and there be no general guardian for the county, the sheriff must be appointed guardian and the guardianship attaches to the office of sheriff. History: (Code 1852, §2017; Code 1867, §2416; Code 1876, §2767; Code …
Ala. Code § 26-2-3 Transfer to Circuit Court; Remand to Probate Court. (Amended by
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2026-488) [Effective until January 1, 2027.] AMENDED BY ACT 2026-488, EFFECTIVE JANUARY 1, 2027. SEE ACT FOR REVISED LANGUAGE. (a) In any county where the judge of probate is required to be learned in the law, the administration or conduct of any guardianship or conservatorship o…
Ala. Code § 26-2-43 Procedure Generally - Summoning, Etc., of Jurors, Witnesses and
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Person Alleged to Be Incapacitated. The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to…
Ala. Code § 26-2-44 Procedure Generally - Impaneling and Swearing in of Jury; Filling of
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Vacancies on Jury. (a) At the time set for the trial, if good cause be not shown for continuance, the jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in the petition, and render a true verdict according to the evidence. (b) If any of the j…
Ala. Code § 26-2-45 Procedure Generally - Entry of Decree, Recordation of Proceedings and
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Appointment of Conservator by Court Upon Rendition of Verdict of Jury. If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proc…
Ala. Code § 26-2-46 Procedure Where Person Alleged to Be of Unsound Mind Confined in
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Hospital or Asylum. If the person alleged to be of unsound mind is a resident of the county and is at the time of the application confined in a hospital or asylum within or without the state, inquisition may be had and taken without notice to him or her , but, on the filing of th…
Ala. Code § 26-2-47 Appointment of Guardian for Nonresident Incapacitated Person Having
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Property Within State - Authorization. The court of probate of a county in which an incapacitated person residing without the state may have property, real or personal, requiring the care of a conservator, may appoint a conservator for the property of such person which may be wit…
Ala. Code § 26-2-48 Appointment of Guardian for Nonresident Incapacitated Person Having
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Property Within State - Procedure. The application for the appointment of a conservator for such person must be in writing, must be verified by affidavit and must state the name, sex, age, and residence of such person, the court by which he or she was declared incapacitated and t…
Ala. Code § 26-2-50 Appointment of General Conservator of County or Sheriff as Guardian
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The general conservator of the county must be appointed conservator of an incapacitated person if no other suitable person applies for appointment and qualifies and if there be no general conservator, the sheriff must be appointed. History: (Code 1852, §2017; Code 1867, §§2416, 2…
Ala. Code § 26-2-51 Revocation of Guardianship or Conservatorship - Upon Application by
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Person Ascertained to Be Incapacitated - Contents of Application, Etc. At any time after the inquisition, the person ascertained to be incapacitated, by himself or herself or by next friend, may apply in writing to the court of probate for a revocation of the proceedings against …
Ala. Code § 26-2-52 Revocation of Guardianship or Conservatorship - Upon Application by
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Person Ascertained to Be Incapacitated - Appointment of Date for Hearing on Application; Notice to Guardian or Conservator, Etc. On the filing of such application, the court must appoint a day for the hearing thereof, not more than 10 days thereafter, and the guardian or conserva…
Ala. Code § 26-2-53 Revocation of Guardianship or Conservatorship - Upon Application by
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Person Ascertained to Be Incapacitated - Conduct of Hearing or Trial Upon Contested Application; Entry of Decree Revoking Guardianship or Conservatorship, Etc., Where Application Not Contested. If the guardian or conservator or the person at whose instance the inquisition was had…
Ala. Code § 26-2-54 Revocation of Guardianship or Conservatorship - Upon Application by
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Person Ascertained to Be Incapacitated - Entry of Decree or Judgment as to Contested Application Upon Rendition of Verdict of Jury. If, on the trial of the contest, the jury finds the facts stated in the application to be true, the court must enter a decree revoking the proceedin…
Ala. Code § 26-2-55 Revocation of Guardianship or Conservatorship - Upon Application by
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Guardian or Conservator. If, at any time after his or her appointment, the guardian or conservator becomes satisfied that the incapacity of the ward has terminated, and is capable of managing his or her estate and the judge of probate is of the opinion, from the proof and the fac…