Section 43-2-20 Generally. Whenever a will has been admitted to probate in this state, the judge of the court in which the will was probated may issue letters testamentary, according to the provisions of this article, to the persons named as the executors in such will, if they are fit persons to serve as such. […]
Section 43-2-21 Form. Letters testamentary may be substantially in the following form: The State of Alabama, } Court of Probate ___________ County} The will of ______, having been duly admitted to record in said county, letters testamentary are hereby granted to _____, the executor named in said will, who has complied with the requisitions of […]
Section 43-2-22 Disqualification of certain persons to serve as executor or administrator. (a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence or want of understanding, is incompetent to discharge […]
Section 43-2-23 Issuance of letters to married woman. It shall not be necessary, in order for letters testamentary to issue to a married woman, for her husband to consent thereto; and the husband shall not be responsible for her acts. (Code 1852, §1660; Code 1867, §1978; Code 1876, §2342; Code 1886, §2007; Code 1896, §49; […]
Section 43-2-24 Supplemental letters for minors and married women upon removal of disability. If the disability of a person under age or of a married woman named as executor in any will is removed before the administration of such will is completed, such person is entitled to supplementary letters testamentary, to be issued in the […]
Section 43-2-25 Procedure for renouncing appointment. Any person named as executor in a will may renounce such appointment by appearing before the judge of probate and declaring such renunciation, which must be entered of record; or such person may renounce his appointment by an instrument in writing executed by him and acknowledged before an officer […]
Section 43-2-26 Issuance of letters to others named in will upon renunciation or failure to apply by one named. If any person named as executor in the will renounces his appointment or fails to apply for letters testamentary within 30 days after probate and any other persons named therein as executors make application for such […]
Section 43-2-27 Letters of administration granted in stated order on failure of executor to apply, etc. If no person is named in the will as executor, or if named executors, one or more, all renounce or fail to apply within 30 days after probate or are unfit persons to serve, the residuary legatee, or if […]
Section 43-2-28 Death of sole or surviving executor. No executor of an executor can, as such, administer on the estate of the first testator; but on the death of a sole or surviving executor, letters of administration with the will annexed may be granted to the persons entitled thereto, as in any case in which […]
Section 43-2-29 Grant of letters testamentary after revocation of letters of administration. (a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims letters testamentary and complies with the requisition of the law, the probate court having jurisdiction must revoke the […]
