Chapter13. PROBATE COURTS.  


Article 1. General Provisions.
§ 12-13-1. Jurisdiction generally; validity and presumptions to be accorded to judgments, orders, etc., of probate courts.
§ 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.
§ 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.
§ 12-13-4. Where cases, etc., may be heard, etc., in counties where terms of court held in places other than county seat.
§ 12-13-5. Form, execution, return, etc., of letters testamentary, etc., and process of probate court generally.
§ 12-13-6. When process of probate court may be made returnable.
§ 12-13-7. Garnishments - Issuance, enforcement, etc., generally.
§ 12-13-8. Garnishments - Applicability of provisions pertaining to garnishments in circuit court.
§ 12-13-9. Powers of probate court as to punishment for contempt.
§ 12-13-10. Changes of venue.
§ 12-13-11. Grounds for granting new trials; costs therefor.
§ 12-13-12. Applicability of provisions pertaining to evidence, pleading, and practice, etc., in circuit court.
§ 12-13-13. Chief clerk of probate court - Oath and bond.
§ 12-13-14. Chief clerk of probate court - Powers generally; authority for performance of official acts of chief clerk generally.
§ 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.
§ 12-13-16. Preparation, etc., by probate judge, register, etc., of papers, documents, etc., to be heard, etc., by such judge or register.
§ 12-13-17. Liability of sheriff, deputies, etc., for failure to make money on or return execution issued by probate court, etc.
§ 12-13-18. Failure of clerk, etc., to deliver books, papers, money, etc., to successor of probate judge.
§ 12-13-19. Payment by county of expenses incurred by probate judge, etc., in attending state or national conferences, schools, etc.
§ 12-13-20. Salaried probate judges' compensation; funds to come from county's general fund.
§ 12-13-21. Appointment of guardian for developmentally disabled person.
§ 12-13-22. Requirement to redact, remove, etc., Social Security number or birthdate on certain documents; electronic availability of records.
§ 12-13-23. Declaration of residence.
Article 2. Judges.
§ 12-13-30. Election; term of office.
§ 12-13-31. Qualifications.
§ 12-13-32. Filling of vacancies.
§ 12-13-33. Amount of bond.
§ 12-13-34. Persons who may institute civil actions on bonds of judges.
§ 12-13-35. Seal of office.
§ 12-13-36. Offices and office hours.
§ 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.
§ 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.
§ 12-13-39. Probate judges deemed conservators of peace.
§ 12-13-40. Powers of probate judges generally.
§ 12-13-41. Duties of probate judges generally.
§ 12-13-42. Furnishing to veterans administration of copies of decrees upon settlement by guardians of beneficiaries of administration; payment of fees therefor.
§ 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.
§ 12-13-44. Reports to Department of Human Resources as to adoptions - Required.
§ 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.
§ 12-13-47. Execution of contract for rebinding of books by probate judge; surrender of custody of books for rebinding.
§ 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.
§ 12-13-49. Payment of probate judge for receipt of money under Section 12-13-48.
§ 12-13-50. Examination of records of probate judge.
§ 12-13-53. Failure to collect recording or registration tax, etc., upon mortgages, deeds of trust, etc.
§ 12-13-54. Failure to keep abstract of mortgages, etc.
Article 3. Supernumerary Judges.
§ 12-13-70. Continuation of laws concerning duties, benefits, etc.