Title 19 — Title 19
0 chapters · 382 sections in this title.
Ala. Code § 19-3-25 Appointment and Duties of Appraisers
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On the filing of such inventory, the register or clerk must indorse upon each of such copies the fact and date of such filing and must appoint three competent and disinterested persons, who must not be of kin or of counsel to any person interested in the trust estate, appraisers …
Ala. Code § 19-3-250 Power of Circuit Court to Fill Vacancy
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §10434; Code 1940, T. 58, §72.)
Ala. Code § 19-3-251 When Circuit Court Must Appoint New Trustee; Number of New
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Trustees. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §10436; Code 1940, T. 58, §74.)
Ala. Code § 19-3-252 Survivorship Between Cotrustees
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §10435; Code 1940, T. 58, §73.)
Ala. Code § 19-3-253 Representative of Deceased Sole Trustee to Settle with Succeeding
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Trustee. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1896, §4196; Code 1907, §6101; Code 1923, §10449; Code 1940, T. 58, §64.)
Ala. Code § 19-3-26 When Petition for Administration May Be Filed; Contents of Petition
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If the value of the trust estate, as appraised by the appraisers, exceeds $1,000.00, the trustee, or assignor, or any creditor, or any number of them, may file a petition in the circuit court of the county in which the inventory and appraisement are required to be filed, for the …
Ala. Code § 19-3-27 Submission of Petition to Circuit Judge; Order Designating Time for
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Presenting Claims. Upon the filing of such petition the register or clerk must submit the same, together with the inventory and appraisement, upon the original papers, to the circuit judge and the circuit judge must make an order designating a day, not less than two nor more than…
Ala. Code § 19-3-270 Definitions
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §75.)
Ala. Code § 19-3-271 Applicability of Article; Powers of Settlor
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §76.)
Ala. Code § 19-3-272 Income and Principal; Disposition
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §77.)
Ala. Code § 19-3-273 Apportionment of Income
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §78.)
Ala. Code § 19-3-274 Corporate Dividends and Share Rights
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, § 79.)
Ala. Code § 19-3-275 Premium and Discount Obligations
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §80.)
Ala. Code § 19-3-276 Principal Used in Business
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §81.)
Ala. Code § 19-3-277 Principal Comprising Animals
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §82.)
Ala. Code § 19-3-278 Disposition of Natural Resources
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §83.)
Ala. Code § 19-3-279 Principal Subject to Depletion
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §84.)
Ala. Code § 19-3-28 Notice to Creditors
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Upon the making of such order the register or clerk must give notice thereof by mail, postage prepaid, to each creditor whose name and address he may, by diligent inquiry and investigation, ascertain from the trustee, or assignor, or the record of the deed of assignment in the of…
Ala. Code § 19-3-280 Unproductive Estate
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §85.)
Ala. Code § 19-3-281 Expenses - Trust Estates
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §86.)
Ala. Code § 19-3-282 Expenses - Nontrust Estates
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Repealed by Act 2000-675, § 2, and Act 2001-344, § 1, effective January 1, 2001. History: (Acts 1939, No. 572, p. 902; Code 1940, T. 58, §87.)
Ala. Code § 19-3-29 Presentation of Claims; Verification; Receipt
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All claims against the trust estate must be presented by or on the day specified in such order and notice, by filing the claim, or a statement thereof, in the office of the register or clerk, verified as claims against the estate of a decedent are required to be verified, before …
Ala. Code § 19-3-3 Estate of Trustee; Termination of Trust Estate
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §10433; Code 1940, T. 58, §3.)
Ala. Code § 19-3-30 Claims Docket
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The register or clerk must keep a docket in which he must enter each claim, showing under appropriate captions, the name and address of the claimant, the amount and character of his claim, when due, by whom certified and when filed, with appropriate spaces for the insertion of th…
Ala. Code § 19-3-300 Trustee Not to Engage in Certain Acts Subjecting Trust to Federal
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Taxation. Notwithstanding any provision to the contrary in the governing instrument or under any other law of this state and except as otherwise provided by judgment of a court or by a provision of the governing instrument, which in either case is entered or made after October 1,…
Ala. Code § 19-3-301 Power to Amend Trust Instrument
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(a) The trustee of a trust, whenever created, which is or is treated as a private foundation as defined in Section 509 of the Internal Revenue Code of 1954, a charitable trust as defined in Section 4947(a)(1) of the Internal Revenue Code of 1954, or a split-interest trust as defi…
Ala. Code § 19-3-302 Rights and Powers of Courts and Attorney General Not Impaired
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Nothing in this article shall impair the rights and powers of the courts or the Attorney General of this state with respect to any trust. The provisions of Sections 19-3-300 and 19-3-301 shall not apply to any trust to the extent that a court of competent jurisdiction shall deter…
Ala. Code § 19-3-303 Future Provisions of Federal Internal Revenue Laws Included
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All references to sections of the Internal Revenue Code of 1954 shall include future amendments to such sections and corresponding provisions of future internal revenue laws. History: (Acts 1971, No. 2276, p. 3666, §4.)
Ala. Code § 19-3-31 Claims Presented and Not Objected to Stand Allowed
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All claims to which no objection is made in the manner provided in Sections 19-3- 32 and 19-3-33, within three months after the expiration of the time prescribed for the presentation of claims, stand allowed without further proof. History: (Code 1896, §4163; Code 1907, §6065; Cod…
Ala. Code § 19-3-32 Objections to Claims - Filing of Objections
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At any time within three months after the expiration of the time allowed for the presentation of claims, or at any time prior thereto, the trustee or assignor or any creditor or party in interest may object to the allowance of any claim filed against the trust estate, by filing o…
Ala. Code § 19-3-320 Definitions
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §1.)
Ala. Code § 19-3-321 Trustee Allowed to Perform Prudent Person Actions Without Prior Court
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Authorization. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §2.)
Ala. Code § 19-3-322 Powers of Trustee
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §3.)
Ala. Code § 19-3-323 Termination of Small Trusts Where Continued Administration Too Costly;
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Actions by Trustee to Carry Out Trust Purpose. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §4.)
Ala. Code § 19-3-324 Actions Trustee Who Is Also Beneficiary May Not Perform; Powers of
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Person Who Has Right to Remove Trustee; Parties in Interest. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §5.)
Ala. Code § 19-3-325 Concurrence of All Co-Trustees Required
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §6.)
Ala. Code § 19-3-326 Payment Out of Trust Estate of Expenses of Trustee in Defending or
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Prosecuting Proceedings in Good Faith. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §7.)
Ala. Code § 19-3-327 Applicability of Article
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §8.)
Ala. Code § 19-3-328 Construction of Article
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1995, No. 95-310, p. 571, §9; Act 2004-296, p. 418, §1.)
Ala. Code § 19-3-33 Objections to Claims - Time for Hearing; Notice
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Within 30 days after the expiration of the time allowed for filing objections to claims, the register or clerk must appoint a time, not less than 20 nor more than 60 days thereafter, for the hearing of such objections as have been filed; and of the nature of the objections and th…
Ala. Code § 19-3-34 Objections to Claims - Conduct of Hearing; Order Allowing or
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Disallowing Claim. On the day appointed for the hearing, or any day to which the same may be continued, the register or clerk must proceed to hear and note the testimony for and against the contested claim, the verified claim or statement thereof being prima facie evidence of its…
Ala. Code § 19-3-35 Duty of Trustee to Render Account
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Within three months after the expiration of the time allowed for the filing of objections to claims, the trustee must render, under oath, to the register or clerk an account charging himself with all the moneys of the trust estate which have come into his possession, or with whic…
Ala. Code § 19-3-36 Time for Settlement; Notice to Creditors
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Upon the filing of such account the register or clerk must appoint a day, not less than 20 nor more than 60 days thereafter, to hear and pass upon the account, and must give notice thereof by mail, postage prepaid, to each creditor, his agent or attorney and to the assignor. Hist…
Ala. Code § 19-3-37 Examination and Auditing of Account; Judgment
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Upon the day so appointed, or any day to which the hearing may be continued, the register or clerk must proceed to examine and audit the account; and upon such auditing, the assignor or any creditor or party in interest, his representative or transferee, may move the register or …
Ala. Code § 19-3-38 Admissibility of Evidence at Hearings; Exceptions; Appeals
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Upon a hearing before the register or clerk under any of the provisions of this article, any competent legal evidence, written or oral, may be received. All such evidence must be noted and oral testimony reduced to writing by the register or clerk. Within 10 days thereafter, eith…
Ala. Code § 19-3-39 Compromise or Sale of Bad Debts
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Upon the application of the trustee, the court may authorize the compromise of any bad and doubtful debts or choses in action belonging to the trust estate, or the sale thereof to the highest bidder, on such terms and notice as the court may prescribe. History: (Code 1896, §4171;…
Ala. Code § 19-3-4 Indemnification of Trustee
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §10430; Code 1940, T. 58, §4.)
Ala. Code § 19-3-40 Sale of Real Estate; Notice to Creditors
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The trustee may make sale of any real estate or interest therein belonging to the trust estate, at public outcry to the highest bidder, after giving notice thereof by publication once a week for three successive weeks in a newspaper published in the county where the real estate i…
Ala. Code § 19-3-41 When Settlements Compelled; Removal of Trustee and Appointment of
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Successor. If the trustee shall fail to make settlement, partial or final, as required in this article he may be compelled to do so, by citation to be issued by the register or clerk on order of the court, at the instance of any creditor or party interested in the trust, in all r…
Ala. Code § 19-3-5 Notice of Settlement
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Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Acts 1936, Ex. Sess., No. 128, p. 90; Code 1940, T. 58, §6.)