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 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.
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.