(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a cash bond or a bond with at least two good and sufficient sureties, payable to the probate judge and in the amount fixed by him, not less than the amount of his bond as executor or administrator, conditioned to prosecute the appeal to effect and, until the same is decided, faithfully to discharge his duties as such executor or administrator.
(b) If such appeal is decided against the appellant, any cash bond posted or part thereof may be ordered forfeited for costs, or, if other than a cash bond was given, execution for costs may issue against him and the sureties on such bond, their names being certified with the record to the appellate court.
(c) Such bond also stands as security for the faithful discharge of his duties as such executor or administrator, from the time the same is approved until the appeal is finally decided.
Structure Code of Alabama
Chapter 22 - Appellate Proceedings.
Article 1 - General Provisions
Division 2 - Appeals From Probate Court.
Section 12-22-20 - Final Judgments, Orders, or Decrees Generally.
Section 12-22-21 - Other Orders, Judgments, or Decrees.
Section 12-22-22 - Appeal From Circuit Court Judgment on Appeal.
Section 12-22-23 - Contest of Will Removed to Probate Court of Another County.
Section 12-22-24 - Bond on Appeal of Order Removing Executor or Administrator.
Section 12-22-25 - Security for Costs of Appeal.
Section 12-22-26 - Appeals by Next Friends or Guardians of Minors or Persons of Unsound Mind.
Section 12-22-27 - Reimbursement of Costs From Estate of Testator, Etc.