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Article 1 - General Provisions.
Section 12-13-1 - Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, etc., of Probate Courts. - THIS SECTION WAS AMENDED BY ACT 2022-123 IN THE 2022...
Section 12-13-2 - Person in Federal Service and Spouse Thereof Who Die While Living 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...
Section 12-13-3 - When Courts Deemed Open for Granting of Letters Testamentary, etc., 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...
Section 12-13-4 - Where Cases, etc., May Be Heard, etc., in Counties Where Terms of Court Held in Places Other Than County Seat. - In all counties in this state where terms of the...
Section 12-13-5 - Form, Execution, Return, etc., of Letters Testamentary, etc., and Process of Probate Court Generally. - All letters testamentary, of administration and of guardianship and all...
Section 12-13-6 - When Process of Probate Court May Be Made Returnable. - All executions and other process issuing from the probate court...
Section 12-13-7 - Garnishments - Issuance, Enforcement, etc., Generally. - The probate court may issue process of garnishment upon decrees...
Section 12-13-8 - Garnishments - Applicability of Provisions Pertaining to Garnishments in Circuit Court. - The provisions of this code in reference to garnishments in...
Section 12-13-9 - Powers of Probate Court as to Punishment for Contempt. - (a) The probate court may issue show cause orders and...
Section 12-13-10 - Changes of Venue. - In all cases in the probate court where a jury...
Section 12-13-11 - Grounds for Granting New Trials; Costs Therefor. - (a) On motion filed within 30 days from entry of...
Section 12-13-12 - Applicability of Provisions Pertaining to Evidence, Pleading, and Practice, etc., in Circuit Court. - The provisions of this code in reference to evidence, pleading...
Section 12-13-13 - Chief Clerk of Probate Court - Oath and Bond. - The chief clerk of the probate court, before he enters...
Section 12-13-14 - Chief Clerk of Probate Court - Powers Generally; Authority for Performance of Official Acts of Chief Clerk Generally. - (a) The chief clerk shall have the following powers: (1)...
Section 12-13-15 - Chief Clerk of Probate Court - Acts Which May Be Performed by Chief 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...
Section 12-13-16 - Preparation, etc., by Probate Judge, Register, etc., of Papers, Documents, etc., to Be Heard, etc., by Such Judge or Register. - No probate judge or his clerk or any register shall...
Section 12-13-17 - Liability of Sheriff, Deputies, etc., for Failure to Make Money on or Return Execution Issued by Probate Court, Etc. - For a failure to make money on or for failing...
Section 12-13-18 - Failure of Clerk, etc., to Deliver Books, Papers, Money, etc., to Successor of Probate Judge. - Any clerk or person in the office of the probate...
Section 12-13-19 - Payment by County of Expenses Incurred by Probate Judge, etc., in Attending State or National Conferences, Schools, Etc. - (a) The judge of probate of each county may be...
Section 12-13-20 - Salaried Probate Judges' Compensation; Funds to Come From County's General Fund. - (a) No probate judge who is on a salary and...
Section 12-13-21 - Appointment of Guardian for Developmentally Disabled Person. - (a) The term "developmentally disabled" person, means a person whose...
Section 12-13-22 - Requirement to Redact, Remove, etc., Social Security Number or Birthdate on Certain Documents; Electronic Availability of Records. - (a) Before recording any document, with the exception of federal...
Section 12-13-23 - Declaration of Residence. - (a) For the purposes of this section, the following words...
Article 2 - Judges.
Section 12-13-30 - Election; Term of Office. - A probate judge shall be elected by the qualified voters...
Section 12-13-31 - Qualifications. - A probate judge must be a citizen of the state...
Section 12-13-32 - Filling of Vacancies. - Vacancies in the office of probate judge shall be filled...
Section 12-13-33 - Amount of Bond. - The official bond of the probate judge shall be determined...
Section 12-13-34 - Persons Who May Institute Civil Actions on Bonds of Judges. - Civil actions may be instituted on all bonds given by...
Section 12-13-35 - Seal of Office. - The probate judge shall have a seal of office.
Section 12-13-36 - Offices and Office Hours. - The probate judge shall keep his office at the courthouse,...
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...
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...
Section 12-13-39 - Probate Judges Deemed Conservators of Peace. - Probate judges shall be conservators of the peace in their...
Section 12-13-40 - Powers of Probate Judges Generally. - The probate judge shall have authority: (1) To administer oaths...
Section 12-13-41 - Duties of Probate Judges Generally. - It shall be the duty of the probate judge: (1)...
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...
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...
Section 12-13-44 - Reports to Department of Human Resources as to Adoptions - Required. - It shall be the duty of the probate judges to...
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...
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...
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...
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...
Section 12-13-50 - Examination of Records of Probate Judge. - The records of the office must be free for the...
Section 12-13-53 - Failure to Collect Recording or Registration Tax, etc., Upon Mortgages, Deeds of Trust, Etc. - Any probate judge who shall file for record or shall...
Section 12-13-54 - Failure to Keep Abstract of Mortgages, Etc. - Any probate judge who fails to keep an abstract of...
Article 3 - Supernumerary Judges.
Section 12-13-70 - Continuation of Laws Concerning Duties, Benefits, Etc. - All laws dealing with the eligibility of probate judges to...