§ 43-2-192 — Appointment of Nonresident Executor - Filing of Copies of Will and Letters Testamentary; Bond and Surety

Alabama § 43-2-192

• Jurisdiction: Alabama
• Title 43: Wills and Decedents’ Estates
• Ch. 2: Administration of Estates
• Art. 8: Nonresidents as Executors and Administrators

Text

When the will has been probated in another state or territory, before issuing letters testamentary thereon to a nonresident executor, the judge of probate must require him or her to file in court a copy of the will under which he or she is appointed, together with a certificate of the judge of the court in which the will was probated, that such will was regularly proved and established and that letters testamentary were issued to him or her thereon, in accordance with the laws of the state or territory in which such original letters were granted, and also to give bond and surety upon the same terms, conditions, and requirements as are required by law of citizens of this state. But if it shall appear from the will that the testator, by an express provision therein, has exempted the applicant from giving bond as executor, such bond must not be required, except in the cases specified in Section 43-2-81. The certified copy of the foreign letters must be filed and recorded.

Legislative History

(Code 1876, §2380; Code 1886, §2038; Code 1896, §81; Code 1907, §2557; Code 1923, §5780; Code 1940, T. 61, §142.)