Alabama Statutes

§ 12-11-40 — Proceedings on Administration of Estates in Circuit Court

Alabama § 12-11-40

JurisdictionAlabama

Title 12Courts

Ch. 11Circuit Courts

Art. 2Jurisdiction

This text of Alabama § 12-11-40 (Proceedings on Administration of Estates in Circuit Court) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-11-40 (2026).

Text

In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.

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In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.

Legislative History

(Acts 1911, No. 536, p. 574; Code 1923, §6476; Code 1940, T. 13, §138.)

Nearby Sections

15

§ 12-1-1

Effect of Rules of Supreme Court of Alabama

§ 12-1-10

Punishment by Courts for Contempt

§ 12-1-11

Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt

§ 12-1-12

Grounds for Disqualification of Judges from Trial of Cases Generally

§ 12-1-13

Grounds for Disqualification of Justices of Supreme Court and Judges of Courts of Appeals from Participation in Decision of Cases

§ 12-1-14

Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court

§ 12-1-14.1

Appointment of Special Judge Upon Request; Temporary Service

§ 12-1-14.2

Senior Judge Status

§ 12-1-15

Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights

§ 12-1-16

Voluntary Diminution of Compensation, Benefits, Etc., by Judges, Officers, Employees, Etc., of Judicial Branch of Government

§ 12-1-17

Reimbursement of Travel Expenses of Judges, Officers, Etc., of Appellate Courts Attending Judicial Colleges, Seminars, Etc

§ 12-1-18

Reimbursement of Travel Expenses of Circuit Judges, District Court Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered

§ 12-1-19

Monthly Reports of Clerks of Circuit, District and Municipal Courts as to Fines, Fees, Etc., Collected

§ 12-1-2

Vesting of Judicial Power of State Generally

§ 12-1-20

Appellate Courts, Administrative Office of Courts and Department of Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts

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Bluebook (online)

Alabama § 12-11-40, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/12-11-40.