(a) If the sole executor or all the executors die, resign, or are removed, the probate court having jurisdiction of the estate must grant letters of administration, with will annexed, to the person entitled thereto under Section 43-2-27. (b) If an administrator dies, resigns, or is removed, the probate court having jurisdiction of the estate must grant letters of administration of the goods and chattels, rights, and credits, unadministered, to the person entitled thereto, as in cases of intestacy.
History: (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886, §2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)