Section 43-2-40 Generally. Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate, as follows: (1) Where the intestate, at the time of his death, was an inhabitant of the county. (2) Where the intestate, not being an inhabitant of the state, dies in […]
Section 43-2-41 Form. Letters of administration may be substantially in the following form: The State of Alabama, } ___________ County.} Court of Probate. Letters of administration on the estate of _____ (or letters of administration on the annexed will of _____, as the case may be) are hereby granted to _____, who has duly qualified […]
Section 43-2-42 Order of grant of administration. (a) Administration of an intestate’s estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order: (1) The husband or widow. (2) The next of kin entitled to share in the distribution of […]
Section 43-2-43 Renunciation or relinquishment of right to administration. (a) Any person entitled to administration may relinquish his right thereto in the same manner as executors are authorized to renounce their appointment. (b) If no person entitled to the administration of the estate, according to the first three subdivisions of subsections (a) or (b) of […]
Section 43-2-44 Grant of administration when more than one person entitled thereto; preference of whole blood over half blood. If several persons of the same degree of kindred to the intestate, computed by the rules of the civil law, are entitled to the administration, and when several persons are equally entitled thereto, the court may, […]
Section 43-2-45 Letters not granted until five days after intestate’s death; examination of applicants and witnesses. No letters of administration must be granted until the expiration of five days after the death of the intestate is known; and the court may, in all cases, examine the persons applying therefor, on oath, touching the time and […]
Section 43-2-46 Postponing issuance of letters during time for appeal. When there are contesting applicants for letters testamentary or of administration, no letters must issue until the time for taking an appeal from the judgment thereon has passed; and, if such appeal is taken, no letters in chief must be granted until the appeal is […]
Section 43-2-47 Special administrator ad colligendum. (a) The judge of probate may, in any contest respecting the validity of a will, or for the purpose of collecting the goods of a deceased, or in any other case in which it is necessary, appoint a special administrator, authorizing the collection and preservation by him of the […]
Section 43-2-48 Conclusiveness of letters. Letters testamentary or of administration and letters to a special administrator or to any general administrator, sheriff or coroner, granted by any court having jurisdiction, are conclusive evidence of the authority of the person to whom the same are granted, from the date thereof until the same are revoked; and, […]
