43-2-46
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 finally disposed of; but a special
administrator may be appointed if necessary. (Code 1852, §1694; Code 1867, §2015; Code 1876,
§2377; Code 1886, §2035; Code 1896, §78; Code 1907, §2531; Code 1923, §5753; Code 1940,
T. 61, §88.)...
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43-2-1
Section 43-2-1 Recordation of letters and bonds; transcripts as evidence. All letters testamentary
and of administration, general or special, and the bonds given by executors and administrators
must be recorded by the judge of probate. Transcripts thereof, duly certified, are evidence
in all the courts of this state to the same extent as if the originals were produced. (Code
1852, §1695; Code 1867, §2016; Code 1876, §2378; Code 1886, §2036; Code 1896, §79; Code
1907, §2546; Code 1923, §5768; Code 1940, T. 61, §102.)...
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35-4-321
Section 35-4-321 Application to compel conveyance - Generally. If the personal representative
refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be
compelled so to do by application to the judge of probate of the county in which letters testamentary
or of administration were granted. (Code 1852, §1346; Code 1867, §1616; Code 1876, §2225;
Code 1886, §1872; Code 1896, §1070; Code 1907, §3442; Code 1923, §6947; Code 1940, T.
47, §37.)...
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43-2-26
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 letters and are fit persons to discharge
the trust, letters testamentary must issue to them if they comply with the other requisitions
of the law. (Code 1852, §1663; Code 1867, §1981; Code 1876, §2345; Code 1886, §2010; Code
1896, §52; Code 1907, §2514; Code 1923, §5736; Code 1940, T. 61, §75.)...
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43-2-28
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 a sole executor has renounced his appointment. (Code 1852, §1666;
Code 1867, §1984; Code 1876, §2348; Code 1886, §2012; Code 1896, §54; Code 1907, §2516;
Code 1923, §5738; Code 1940, T. 61, §77.)...
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43-2-195
Section 43-2-195 Collection of debts and deposits by nonresident personal representative. The
personal representative of a deceased person, by appointment of a court having jurisdiction
in any state other than the state of Alabama, may receive and collect any indebtedness or
bank deposit owing to the deceased by any person who is a resident of Alabama, and such personal
representative may execute a release, discharge and satisfaction of such indebtedness. Such
personal representative, at the time of or before making such collection and satisfaction,
release or discharge, shall file for record in the probate office of the county wherein the
debtor resides a certified copy of the letters testamentary or of administration issued to
such personal representative, certified in accordance with 28 U.S.C.A., §1738, but no such
collection shall be made until the lapse of 60 days from the date of the death of the deceased,
and no such collection shall be made if proceedings are pending for the...
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43-2-24
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 same manner as original letters, and
shall thereupon be authorized to join in the execution of such will with the persons previously
appointed. (Code 1852, §1661; Code 1867, §1979; Code 1876, §2343; Code 1886, §2008; Code
1896, §50; Code 1907, §2512; Code 1923, §5734; Code 1940, T. 61, §73.)...
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43-6-5
Section 43-6-5 Disposition of real estate when no heir appears. If, after two years from the
publication of such notice, no heir or person entitled to receive such estate appears, the
real estate must be sold by such personal representative, under the direction of the judge
of probate of the county in which letters testamentary or of administration were granted and
upon such notice as real estate is sold by executors and administrators; and the proceeds
thereof must, after deducting all expenses and allowances, be paid to such judge. (Code 1852,
§2068; Code 1867, §2460; Code 1876, §2855; Code 1886, §1940; Code 1896, §1756; Code 1907,
§3922; Code 1923, §7618; Code 1940, T. 16, §29.)...
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12-13-14
Section 12-13-14 Chief clerk of probate court - Powers generally; authority for performance
of official acts of chief clerk generally. (a) The chief clerk shall have the following powers:
(1) To issue letters testamentary, of administration and of guardianship, where there is no
contest. (2) To administer oaths relating to the business of the court and to take and certify
acknowledgments and proof of instruments authorized to be recorded. (3) To solemnize matrimony,
approve bonds and appoint guardians ad litem. (4) To admit wills to probate and record and
to pass and allow accounts of executors, administrators and guardians, where there is no contest.
(5) To do all other acts and things and perform all other duties, ministerial and judicial,
where there is no contest, that the probate judge may do and perform. (b) All of the official
acts of such chief clerk must be performed in the name of the probate judge, except when there
is a vacancy in that office. (Code 1852, §674; Code 1867,...
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26-5-50
Section 26-5-50 Filing of account and vouchers for final settlement with succeeding conservator,
etc., by sureties on bond of conservator. In case of the death of a conservator who has not
made a final settlement of his or her conservatorship and when there shall have not been granted
letters of administration or testamentary on his or her estate, the sureties on his or her
official bond may proceed to make settlement of his or her administration of the estate as
conservator in the probate court having jurisdiction thereof by filing an account and vouchers
for final settlement with the succeeding conservator or cestui que trust or minors and guardian
ad litem where minors are interested. (Code 1923, §5935; Code 1940, T. 21, §155; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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