§ 28-1-106 — Referees and probate clerks

(a) Circuit courts shall have the authority to appoint referees in probate in the respective counties in the manner and with the powers and duties as provided by Supreme Court rule. (b) (1) In the absence of the circuit judge or a referee within a county, the probate clerk of the circuit court may appoint administrators, executors, guardians, and curators and shall approve the bond of the appointees. (2) However, the appointment of administrators, executors, guardians, and curators and the approval of their bond shall be subject to review by the court. (c) (1) The probate clerk of the circuit court shall be the custodian of all probate records and documents and shall have the power either in person or by deputy to: (A) Take acknowledgments; (B) Administer oaths; (C) Issue notices and process; (D) Certify copies of instruments, documents, and records of the court; and (E) Perform the usual functions of his or her office and other functions as may be authorized by law. (2) All original papers, when filed, shall be retained in the custody of the clerk except when otherwise ordered by a court of competent jurisdiction. (d) The probate clerk of the circuit court shall be the custodian of all adoption records and documents.

Legislative History

Acts 1949, No. 140, §§ 6, 8; 1953, No. 165, § 1; A.S.A. 1947, §§ 62-2006, 62-2008; Acts 1993, No. 758, § 1; 2003, No. 1185, § 270.