Alabama County (Ala.). Probate Judges.

Authorities:

Acts of Alabama, 1849-50.

Code of Alabama, 1975, Vol. 2, Constitutional Amendment No. 328.

Norman, Keith B., ed. Handbook for Alabama Probate Judges. 3rd ed. Atlanta: Darby Printing Co., 1982.

A court of probate was established in each Alabama county in 1850. The act that created the probate court abolished the county court and the orphans' court and transferred most of the jurisdiction of the county court to the court of probate with the exception of criminal and civil jurisdiction. The judge of probate was elected for a six-year term and was a member of the court of county commissioners. The probate judge was also given the authority to appoint a clerk to help fulfill the duties assigned to the office.

The probate judge's areas of responsiblity have increased or expanded since 1850 to include election administration, licensing, and records. In 1866 the judge of probate became an ex officio judge of the county court. Juvenile courts in counties that did not maintain a separate juvenile court were presided over by the probate judge. Duties relating to welfare were transferred from the probate judge's office to the county welfare department in 1935. The judiciary article of 1973 transferred the probate court's ex officio duties and its jurisdiction over desertion and non-support cases to the district and circuit courts.

Today the court of probate has jurisdiction over the following: (1) the probate of wills; (2) the granting of letters testamentary and of administration, and the repeal of revocation of the same; (3) all controversies in relation of the right of execatorship or of administration; (4) the settlement of accounts of executors and administrators; (5) the sale and disposition of the real and personal property belonging to and the distribution of intestate's estates; (6) the appointment and removal of guardians for minors and persons of unsound mind; (7) all controversies as to the right of guardianship and the settlement of guardians' accounts; (8) the allotment of dower in land in the cases provided by law; (9) the partition of lands within their counties; (10) the change of the name of any person residing in their county, upon filing a declaration in writing, signed by him, stating the name by which he is known and the name to which he wishes it to be changed; (11) proceedings relating to the establishment and operation of water management districts; (12) eminent domain proceedings; (13) petitions of adoption; (14) appointment of guardians generally; (15) the sale and redemption of lands sold for the payment of delinquent taxes; and (16) the appointment of curators generally. (Norman, p. 10).

An individual does not have to be licensed to practice law in the state of Alabama in order to hold the office of probate judge although if the officeholder is a lawyer, he/she is prohibited from practicing law while holding office. The judge of probate is not prohibited, however, from holding another office of public trust, from being in a political party organization, or from campaigning for other candidates.

There are several categories of records created and maintained by the office of probate. (1) Recorded Instruments. Since its creation, the probate office has been responsible for recording and thus making public a variety of notices, liens, vital records and other documents useful in the conduct of public and private business. (2) Administrative. Because the probate judge and his staff are accountable to the public for the proper administration of their office, they are obligated to maintain records about the collection of fees, publication of legal notices, audits, and other administrative office activities. (3) Judicial. Judicial records such as adoptions, wills, estate files and minutes of the court are also kept by the judge of probate. (4) Real Property. One of the oldest and most important responsibilities of the probate judge is the recording and filing of real property records including deeds, mortgages, and early government land surveys. (5) Elections. As one of three chief election officers, the probate judge is charged with filing, recording, and distributing records of elections. These records consist of poll lists, statements of canvass, and poll tax receipts as well as other forms of election records. (6) Licenses. The sale of various licenses and the collection and distribution of license fees is a large part of the probate office's workload. Records created to document these activities include licenses, reports, and receipts.

Other Records. A number of record series found in probate offices document functions that are now obsolete or are unique and do not fit easily into other functional categories. Most of these records relate to the levy and payment of road taxes and to pensions.

From the description of Agency history record. (Unknown). WorldCat record id: 145409191