§ 43-2-173 — Resignation and Removal - Generally

Alabama § 43-2-173

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 7: County or General Administrators

Text

(a) The general administrator may be removed for the same causes as other administrators. Such removal may be made by the judge of probate without notice, but the grounds thereof must be entered on the minutes of the court.
(b) The resignation of the office of general administrator shall not operate to discharge the incumbent from the administration of any estate previously committed to his or her charge as such general administrator; but he or she may proceed, notwithstanding such resignation, to administer and finally settle the same, as if he or she had not resigned such office; and the sureties on his or her bond as general administrator shall be liable for every act of maladministration on such estate committed after his or her resignation, to the same extent as if he or she had not resigned; but he or she may be removed from the administration of such estate for any of the causes prescribed by law, or he or she may resign his or her administration thereon by leave of the probate court of his or her county.

Legislative History

(Code 1852, §1710; Code 1867, §§2031, 2041; Code 1876, §§2400, 2410; Code 1886, §§2054, 2062; Code 1896, §§101, 109; Code 1907, §§2575, 2578; Code 1923, §§5798, 5801; Code 1940, T. 61, §§174, 188.)