Section 43-2-41 – Form.
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.
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.
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.
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.
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 43-2-20 – Generally.
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 43-2-46 – Postponing Issuance of Letters During Time for Appeal.
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 43-2-21 – Form.
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.
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 […]