Whenever letters of administration on the estate of any person presumed to be dead on account of absence for five or more years from the place of his last domicile within this state shall be applied for, it shall be the duty of the judge of probate to whom the application shall be made to accept and file the same and to thereupon take the testimony with respect to whether the petitioner is entitled to such letters; and, if the court is satisfied by the testimony that the applicant would be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised in a newspaper published in the county, once a week for four consecutive weeks, the fact of said application, together with notice that on a day certain which shall be at least two weeks after the last of said advertisements, the court will hear evidence concerning the alleged absence of the supposed decedent, and the circumstances and duration thereof.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 10 - Administration of Estates of Persons Presumed Dead.
Section 43-2-230 - Applications for Letters of Administration.
Section 43-2-231 - Appointment of Personal Representative.
Section 43-2-233 - Publication of Notice of Presumption of Death.
Section 43-2-234 - Issuance of Letters of Administration.
Section 43-2-238 - Applicability of Other Laws Relating to Administration of Decedents' Estates.