Title 43

It shall not be necessary, in order for letters testamentary to issue to a married woman, for her husband to consent thereto; and the husband shall not be responsible for her acts. (Code 1852, §1660; Code 1867, §1978; Code 1876, §2342; Code 1886, §2007; Code 1896, §49; Code 1907,…

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 shal…

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…

If any person named as executor in the will renounces his or her 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, lett…

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 or she fails to apply within such time, refuses to accept or is unfit to se…

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 r…

(a) If, after letters of administration have been granted as in case of intestacy, any will is proved and the executor therein named appears, claims letters testamentary and complies with the requisition of the law, the probate court having jurisdiction must revoke the letters of…

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 or her death, was an inhabitant of the county. (2) Where the intestate, not be…

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 …

(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 the estate. (…

(a) Any person entitled to administration may relinquish his or her 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 …

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, in its discretion, grant letters to one or more of them; except, th…

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 place of the death of the intestate and as to whether o…

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 dispos…

(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 or her of t…

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 there…

The personal representative must give notice of the appointment, stating the name of the deceased, the day on which letters were granted, by what court, stating the county and notifying all persons having claims against the estate to present the same within the time allowed by la…

Notice, as prescribed in Section 43-2-60, must be given: (1) By first-class mail addressed to their last known address, or by other mechanism reasonably calculated to provide actual notice, to all persons, firms, and corporations having claims against the decedent, who are known …

It is the duty of the judge of probate to see that such publication is duly made; and any executor or administrator failing to make the same must not be allowed any compensation as such; and he or she and his or her sureties are liable, on proof that such notice has not been give…

When a party is required to give a bond and is not otherwise exempt from giving a bond, the judge of probate is liable for any wanton, fraudulent, or intentional misconduct for not requiring a bond or for taking an insufficient bond from any personal representative, fiduciary, or…

(a) Upon the application in writing of any surety or sureties upon the bond of an executor or administrator requesting to be discharged from any future liability as such surety or sureties, or upon the application in writing of the personal representative or of an heir or devisee…

(a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless such person enters into bond, with surety, to be approved by the judge, to pay the fees and allowances made by the court on …

The general administrator of a county must give bond, with at least two sufficient sureties or a sufficient guaranty or surety company, in an amount to be prescribed by the judge of probate sufficient to secure all persons interested, payable to the judge of probate and condition…

An additional bond may also be required of the general administrator, whenever the judge of probate deems it necessary to secure the interests of the estate confided to his or her charge or the sureties may be unwilling to remain longer bound; and, if he or she fails to give such…

When the administration of any estate is committed to the sheriff, the judge of probate, at such time or at any time thereafter, while the administration is in the hands of such officer, may require of him or her an additional bond if, in his or her opinion, the official bond of …

When an additional bond is given on the application of the surety of an executor or administrator, such surety is discharged as to all breaches subsequent to the execution and approval of the additional bond. (Code 1852, §1715; Code 1867, §2036; Code 1876, §2405; Code 1886, §2057…

When the additional bond is not given on the application of a surety, the former bonds are not discharged, but each remains of the same force and obligation as if such additional bond had not been given; and any person aggrieved, for a breach of the last bond, may proceed on eith…

The sureties in either bond, who have been compelled to make any payment thereon for the principal obligor, on a breach subsequent to the execution of the last bond, have the same remedies against the sureties on the remaining bonds as cosureties have against each other and may r…

The bond of the general administrator of the county or of any executor or administrator is valid and operative as a statutory bond and is of the same obligation, force and effect as a statutory bond, though it may not be approved, or in the penalty, or payable or with the conditi…

A surety on the bond of the general administrator of the county or on the bond of any executor or administrator cannot avoid liability thereon on the ground that he or she signed or delivered it on condition that it should not be delivered to the judge of probate or should not be…

Upon the filing of any partial settlement by the executor under a will, or the administrator of the estate of a deceased person, in the court in which such estate is pending, such executor or administrator may pray for a reduction in the amount of his or her bond as a fiduciary, …

No executor or administrator is liable, except in the case provided by Section 43-2-62, beyond the amount of assets which have come to his or her hands or which have been lost, destroyed, wasted, injured, depreciated or not collected by want of diligence on his or her part or an …

The personal representative and the sureties on his or her bond are liable to the parties in interest for the due and legal distribution of all damages recovered by such representative under Sections 6-5-391, 6-5-410 or 25-6-3, and are subject to all remedies which may be pursued…

The executor or administrator of any decedent who, as executor, administrator, or otherwise, has wasted or converted to his or her own use any assets of any other decedent is liable in the same manner as his or her testator or intestate would have been if living. (Code 1852, §192…

No person is liable to an action, as executor of his or her own wrong, for having taken, received or interfered with the property of a deceased person but is liable to the executor or administrator for the value of all the property so taken or received and for all damages caused …

No executor or administrator can allege his or her resignation in defense to any action or proceeding without an averment that he or she has settled his or her administration and delivered over the assets of the estate as required by law. (Code 1852, §1920; Code 1867, §2279; Code…

Civil actions may be brought against executors or administrators in their representative character, in all cases, in the county in which letters were granted. Service of process may be made on them in any county in the state. (Code 1852, §1918; Code 1867, §2277; Code 1876, §2615;…

No civil action must be commenced against an executor or administrator, as such, until six months after the grant of letters testamentary or of administration, unless the executor or administrator has given notice of the disallowance of the claim. (Code 1852, §1917; Code 1867, §2…

Civil actions commenced by a special administrator do not abate by the appointment of an executor or administrator in chief, but may be prosecuted by such executor or administrator. (Code 1852, §1924; Code 1867, §2283; Code 1876, §2621; Code 1886, §2264; Code 1896, §332; Code 190…

When any civil action has been commenced by or against the personal representative of a decedent, the same may be prosecuted by or against any succeeding executor or administrator, who may, on motion, be made a party. (Code 1852, §1925; Code 1867, §2284; Code 1876, §2622; Code 18…

In all cases where judgment has been rendered against an administrator in chief of any estate, and such administrator in chief dies, resigns or is removed before the satisfaction of such judgment, such judgment may be revived in favor of the owners of such judgment, or their pers…

If any one of two or more executors or administrators, against whom a civil action is pending, die during the pendency of the action, it does not abate but may be continued against the survivor or survivors, on a suggestion of such death on the record. (Code 1852, §1927; Code 186…

All proceedings to ascertain damages done to real property survive to the executors or administrators. (Code 1852, §1929; Code 1867, §2288; Code 1876, §2632; Code 1886, §2267; Code 1896, §335; Code 1907, §2808; Code 1923, §6047; Code 1940, T. 61, §124.)

Civil actions may be brought or proceedings had on any bond given by an executor or administrator, as such, in the name of the party aggrieved until the whole penalty is exhausted. (Code 1852, §1713; Code 1867, §2034; Code 1876, §2403; Code 1886, §2272; Code 1896, §341; Code 1907…

Any legatee, after six months from the grant of letters testamentary or of administration, with the will annexed, may bring a civil action and recover his or her legacy, upon proof that the executor assented to the same. (Code 1852, §1931; Code 1867, §2290; Code 1876, §2634; Code…

In an action against an executor or administrator, in which the fact of his or her having administered the estate of his or her testator or intestate, or any part thereof, comes in issue, and the inventory of the property of the deceased, filed by him or her, is given in evidence…