(a) No person must be deemed a fit person to serve as executor who is under the age of 19 years, or who has been convicted of an infamous crime, or who, from intemperance, improvidence or want of understanding, is incompetent to discharge the duties of the trust. Nor shall any nonresident of the state be appointed as administrator unless he is at the time executor or administrator of the same estate in some other state or territory or jurisdiction, duly qualified under the laws of that jurisdiction.
(b) If the person named in the will as sole executor is or if all the persons named therein as executors are, from any of the causes enumerated in subsection (a), unfit to serve as executor or executors, letters of administration, with the will annexed, may be granted on the testator's estate, under the provisions of section 43-2-27.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 2 - Grant of Letters Testamentary of Administration.
Division 1 - Grant of Letters Testamentary.
Section 43-2-22 - Disqualification of Certain Persons to Serve as Executor or Administrator.
Section 43-2-23 - Issuance of Letters to Married Woman.
Section 43-2-24 - Supplemental Letters for Minors and Married Women Upon Removal of Disability.
Section 43-2-25 - Procedure for Renouncing Appointment.
Section 43-2-28 - Death of Sole or Surviving Executor.
Section 43-2-29 - Grant of Letters Testamentary After Revocation of Letters of Administration.