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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43-2-27
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 he fails to apply within such time, refuses to accept or is unfit
to serve, then the principal legatee, is entitled to letters of administration, with the will
annexed; and, if both residuary and principal legatees fail to apply within such time, refuse
to accept or are unfit to serve, then such letters may be granted to the same persons and
in the same order as letters of administration are granted in cases of intestacy. (Code 1852,
§§1664, 1665; Code 1867, §§1982, 1983; Code 1876, §§2346, 2347; Code 1886, §2011; Code
1896, §53; Code 1907, §2515; Code 1923, §5737; Code 1940, T. 61, §76.)...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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43-2-25
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 authorized
to take and certify acknowledgments to conveyances, whether within or beyond the state; and
such instrument must be filed and recorded in the office of the judge of probate of the county
in which the will is probated. (Code 1852, §1662; Code 1867, §1980; Code 1876, §2344; Code
1886, §2009; Code 1896, §51; Code 1907, §2513; Code 1923, §5735; Code 1940, T. 61, §74.)...

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43-2-21
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 the law and is authorized to take
upon himself the execution of such will. Witness my hand and dated this _____day of _____,
19__. ___ Judge of Probate. (Code 1852, §1687; Code 1867, §2007; Code 1876, §2369; Code
1886, §2005; Code 1896, §47; Code 1907, §2509; Code 1923, §5731; Code 1940, T. 61, §70.)...

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43-2-191
Section 43-2-191 Appointment of nonresident executor - Generally. Judges of probate are authorized
to issue letters testamentary to persons named as executors in wills regularly probated who
are nonresidents of this state, upon like bond and surety and upon the same terms, conditions
and requirements as are required by law of citizens of this state. (Code 1876, §2379; Code
1886, §2037; Code 1896, §80; Code 1907, §2556; Code 1923, §5778; Code 1940, T. 61, §140.)...

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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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43-2-506
Section 43-2-506 Settlement by consent without notice. In any case in which an administration
is conducted pursuant to letters testamentary or letters of administration with the will annexed
granted in this state and all legatees and distributees named in the will are of age and proof
is made that all legal charges against the estate have been paid in full, the probate court,
upon verified petition of the personal representative consented to by written instrument properly
executed and acknowledged by all legatees and distributees, may approve a consent settlement
without notice or publication or posting. In any case in which an administration is conducted
pursuant to letters testamentary or letters of administration granted in this state and such
administration in this state is ancillary to a primary administration in another state, and
proof is made that all legal charges against the estate in this state have been paid in full
and the balance of the assets of the estate in this state...
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5-7A-43
Section 5-7A-43 Continuation of identity, obligations, etc., of state bank. Upon such conversion,
merger or consolidation becoming effective, the national bank shall be deemed to be a continuation
of the entity and of the identity of the state bank and all the rights, obligations and relations
of the state bank to or in respect to any person, estate, creditor, depositor, trustee or
beneficiary of any trust and in, or in respect to, any executorship or trusteeship or other
trust or fiduciary function shall remain unimpaired. The national bank, as of the time of
the taking effect of such conversion, merger or consolidation shall succeed to all such rights,
obligations, relations and trusts and the duties and liabilities connected therewith and shall
execute and perform each and every such trust or relation in the same manner as if the national
bank had itself assumed the trust or relation, including the obligations and liabilities connected
therewith. If the state bank is acting as...
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6-2-41
Section 6-2-41 Limitations on claims to charge real estate with debts and obligations of decedent.
(a) The real estate of persons dying testate or intestate shall, as against the rights of
mortgagees or purchasers for value from the heirs or devisees, be forever discharged from
the payment of all legal and equitable debts and obligations unless the persons, including
minors and insane persons, owning such debts or benefited by said obligations shall within
the time allowed by law, but in no event more than two years from the death of the deceased,
file in the probate court of the county where said property is located a verified claim showing
the nature and amount of said debts and obligations. (b) Wherever there has been no executor
or administrator appointed, then the person owning said debt or benefited by said obligation
must, within three months after filing said claim, cause letters testamentary or of administration
to be issued and proceed to subject said land to said debts or...
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