Alabama § 43-2-27 Letters of Administration Granted in Stated Order on Failure of Executor to Apply, Etc

Alabama Statutes

§ 43-2-27 — Letters of Administration Granted in Stated Order on Failure of Executor to Apply, Etc

Alabama § 43-2-27

JurisdictionAlabama

Title 43Wills and Decedents’ Estates

Ch. 2Administration of Estates

Art. 2Grant of Letters Testamentary of Administration

Div. 1Grant of Letters Testamentary

This text of Alabama § 43-2-27 (Letters of Administration Granted in Stated Order on Failure of Executor to Apply, Etc) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 43-2-27 (2026).

Text

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 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.

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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 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.

Legislative History

(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.)