Title 26 — Title 26

The court of probate from which the appointment of a conservator is derived has jurisdiction of the settlement, partial or final, of the accounts of the conservator. History: (Code 1886, §2453; Code 1896, §2338; Code 1907, §4428; Code 1923, §8201; Code 1940, T. 21, §128; Acts 198…

Stating of Account; Taxing of Costs for Contest or Examination Where Voucher or Items Rejected. On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence…

Vouchers and Account; Recordation of Account and Vouchers. After the examination of the vouchers and the audit and statement of the account, the court must render a decree passing the same and declaring the amount due the ward, if there be any amount due him or her, which must be…

A conservator appointed by any court of this state for a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination of the ward’s incapacity or on removal of his or her ward’s disabilities of nonage by a court of competent jurisdiction or, …

Generally - Annual, Partial, or Final Settlements Generally. Upon any annual, partial, or final settlement made by any conservator, the court having jurisdiction thereof may fix, determine, and allow the fees or other compensation to which such conservator is entitled from an est…

Generally - Final Settlements. In the allowance of fees to conservators and their attorneys on final settlement the court shall take into consideration such fees as may have been allowed and paid to them prior to such final settlement, but such conservators shall be entitled to f…

or Decrees of Court as to Such Settlement, Etc., Generally; Reopening of Accounts. Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice there…

Actual Expenses and for Special or Extraordinary Services Rendered; Premiums on Bond. A conservator is entitled for his or her services to reasonable compensation. On final settlement, an allowance must be made of actual expenses necessarily incurred by him or her and, for specia…

Conservator, Etc. The court of probate may, by attachment, compel a conservator to obey its orders or decrees, and all final decrees rendered against a conservator or against the personal representative of the conservator on a final settlement have the force and effect of a judge…

Conservator; Appointment of Guardian Ad Litem for Ward. If not otherwise directed, the conservator must, at least once in three years, file in the court of probate an account of his or her guardianship, accompanied with the vouchers showing his or her receipts and disbursements, …

Thereof. The court must also appoint a day for the settlement, of which notice must be given, as the court may direct, either by advertisement for three successive weeks in a newspaper published in the county or for the same length of time by posting notice at the courthouse door…

The court of probate may, at any time it is deemed necessary for the safety of the ward, require a conservator to make partial settlement of his or her conservatorship. The conservator must have notice of such requirement 10 days before the day appointed for his or her appearance…

Settlement; Issuance of Process to Conservator as to Hearing Thereupon; Dismissal of Application. On the application of the ward by next friend or the sureties on the conservator’s bond, showing satisfactory cause, the court may issue process to the conservator, requiring him or …

Conservator to Make Partial Settlement; Taxing of Costs. If a conservator fails to make a partial settlement as often as such settlement is required of him or her, the court must issue process to him or her, requiring him or her to make such settlement, and all the costs thereof …

Compulsion of Settlement by Conservator. On the termination of a conservatorship by the arrival of the ward at full age by termination of the ward’s incapacity or on the expiration of his or her authority otherwise, the court of probate may issue process requiring the conservator…

Compulsion of Settlement by Personal Representative of Conservator. On the death of a conservator, at any time after the expiration of six months from the qualification of his or her personal representative, such representative may be required, on 10 days’ notice, such notice to …

and File Accounts and Vouchers. If a conservator fails to obey any process requiring him or her to appear and file his or her accounts and vouchers for a final or partial settlement, the court of probate may, by attachment, compel his or her appearance and may, if on appearance h…

Representative to File Accounts and Vouchers After Notice. If a conservator, after notice, fails to file his or her accounts and vouchers for a final or partial settlement or if the personal representative of a conservator, after notice, fails to file the accounts and vouchers of…

by Conservator or Personal Representative on Appointed Day. If, on or before the day so appointed, the conservator, or the personal representative of the conservator, if the account is stated against such representative, appears and files his or her accounts and vouchers for sett…

to Appear and File Accounts and Vouchers on Appointed Day. If such conservator or personal representative fails to appear and file his or her accounts and vouchers for settlement, any person having an interest may appear and contest such account and the court must hear and determ…

of Account; Taxing of Costs for Contest or Examination Where Vouchers or Items Rejected. On the day appointed or on any other day to which the settlement may be continued, the court must proceed to examine the vouchers and to audit and state the account, requiring evidence in sup…

Vouchers and Account; Recordation of Account and Vouchers. After the examination of the vouchers, and the audit and statement of the account, the court must render a decree passing the same and declaring the amount of the charge against the conservator and of the credits allowed,…

Conservator, Etc., by Sureties on Bond of Conservator. In case of the death of a conservator who has not made a final settlement of his or her conservatorship and when there shall have not been granted letters of administration or testamentary on his or her estate, the sureties o…

Settlement Proceedings. Should a personal representative of such deceased conservator be appointed at any time before final decree, any party to the proceeding may on motion have such personal representative of such deceased conservator made a party to such settlement on 10 days’…

Make Settlement in Probate Court. In any case where a conservator shall die without having made a final settlement of his or her conservatorship and a successor is appointed, such succeeding conservator or ward or the cestui que trust may by petition to the court in which such es…

In all such cases provided for in Section 26-5-52, the settlement therein provided for shall be final and conclusive against such sureties, save the right of review by appeal or otherwise as now provided by law. History: (Code 1923, §5938; Code 1940, T. 21, §158.)

Execution and all other final process may issue against the sureties on the bond to enforce the judgments. History: (Code 1923, §5939; Code 1940, T. 21, §159.)

Settlement; Reexamination, Etc., of Items of Account. Upon the final settlement, a partial settlement must be taken and presumed as correct, but any item of the account may be reexamined and, if, on reexamination, it is found incorrect, the item must be disallowed or allowed only…

On the death, resignation, or removal of the conservator or on the expiration of his or her authority otherwise or on the arrival of the ward at full age or on termination of the ward’s incapacity or on his or her death or on the marriage of the ward, if 18 years of age or older …

Conservator; Appointment of Guardian Ad Litem for Ward. The conservator, or his or her personal representative, must file in the court of probate a full account of the conservatorship, accompanied by the vouchers and verified by affidavit. Upon the filing of such account and vouc…

Notice Thereof. The court must appoint a day for the settlement, of which 10 days’ notice must be given to the succeeding conservator, if there is such conservator, or to the personal representative of the ward, if the ward is dead, or to the ward, if he or she is a resident of t…

The provisions of this chapter are applicable to minors and to incapacitated persons. History: (Acts 1977, No. 20, p. 28; Acts 1987, No. 87-590, p. 975, §2-333(b).)

The court of probate or circuit court from which letters of guardianship or conservatorship have issued has authority to order the removal to another county of the person and property of a minor or ward if it is shown that such removal will advance the interests of the minor or w…

Guardian Ad Litem. Authority for such removal may be obtained on the application in writing, verified by affidavit, of the guardian, or of the minor or ward by next friend, stating the facts which show that the removal will advance the interests of the minor or ward. If applicati…

and Taxing of Costs Against Applicant. If, on the hearing, the court is satisfied that the removal will advance the interests of the minor or ward, an order authorizing it shall be made and entered; otherwise, the application shall be dismissed and the guardian or conservator or …

Guardianship or Conservatorship and Filing of Transcript Thereof; Removal; Powers of Guardian or Conservator as to Recovery, Receipt, Etc., of Property of Minor or Ward. If the removal authorized is of the person and property of the minor or ward, a transcript of the record of th…

of Transcript Thereof to Probate Court of County to Which Removal Authorized. On the filing of such transcript, the court must require the conservator of its appointment to make a final settlement of his or her conservatorship; and when such settlement is made, the court must cer…

Only Authorized. If the removal authorized is of the property only of the minor or ward, the jurisdiction of the court authorizing the removal is not affected, and it must retain jurisdiction of the guardianship as if such removal had not been authorized. History: (Code 1886, §24…

Without State or Removes Minor or Ward from State - Authorization Generally. When the parent, guardian, or other person having legal custody of a minor child or incapacitated person resides without the state or removed with such child from the state, becoming a resident of anothe…

Without State or Removes Minor or Ward from State - Application, Etc., for Order of Removal. The application for the order of removal must be made in writing, signed by the parent, guardian, or other person having legal custody of the minor or ward, verified by affidavit and acco…

Without State or Removes Minor or Ward from State - Entry of Order of Removal. The court, if satisfied of the truth of the application and that the transcript of the appointment of the conservator in the state of the residence of the parent or conservator is in due form and prope…

Without State or Removes Minor or Ward from State - Settlement of Conservatorship of Conservator Within State. If such minor or ward has a conservator in this state appointed by the court or subject to the jurisdiction of the court, an order must be made and entered requiring suc…

Nonresidents - Authorization Generally. When the conservator and the minor or ward are both nonresidents and the minor or ward is entitled to any property in this state or is or will be entitled to any money from any estate, the administration of which is pending in this state, w…

Nonresidents - When Removal of Person and Estate of Minor or Ward Permitted. The guardian may remove the person or the conservator may remove the estate of a minor or ward to another state by making a full settlement with the judge of the probate court where his or her letters we…

Nonresidents - Transcript Showing Appointment as Conservator of Minor or Ward in State of Residence, Etc.; Notice to Resident Administrator, Guardian, Etc.; Entry of Order Authorizing Removal of Property to State of Residence. The conservator must produce a transcript from the re…

Nonresidents - Discharge of Resident Administrator, Etc. Such order is a discharge of the executor, administrator, or other person in whose possession such property may be at the time of the order made. History: (Code 1852, §2034; Code 1867, §2444; Code 1876, §2799; Code 1886, §2…

When the property of a minor or incapacitated person is ordered to be removed from the state under any provision contained in this article, the court making the order may, on the application of the person by whom such order of removal was obtained, order a sale of any property, r…

Order of Sale. The application for such order of sale must be in writing, verified by affidavit, must describe the property sought to be sold and must state the facts showing that the interest of the minor or incapacitated person would be promoted by the proposed sale. History: (…

Under Application; Appointment, Powers, Etc., of Commissioner for Conduct of Sale. The court, in the order of sale, must appoint a suitable person commissioner to make the sale and, except as otherwise provided in this article, the authority and duty of such commissioner is the s…

Proceeds from Sale; Compensation of Commissioner. The commissioner must, as soon as practicable after the receipt of the purchase money for the property sold by him or her, pay the same to the judge of probate or register or clerk, as the case may be, of the court ordering the sa…