(a) When administration is committed to the general administrator or sheriff, on the application of a third person, such letters must not be granted unless such person enters into bond, with surety, to be approved by the judge, to pay the fees and allowances made by the court on such administration, if the property of the estate is insufficient therefor.
(b) If, upon the settlement of an administrator appointed under subsection (a), it appears that sufficient assets of his intestate have not come to his hands to pay the costs and expenses legally incurred in his administration, the probate court having jurisdiction of such administration may enter a judgment and thereon issue execution against the obligors in the bond mentioned in subsection (a), for any excess due above the assets in the hands of such administrator.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 4 - Bonds of Executors and Administrators.
Section 43-2-82 - Liability of Judge of Probate, etc., in Taking Bond.
Section 43-2-83 - Discharge of Surety; New Bond.
Section 43-2-85 - Bond of General Administrator.
Section 43-2-86 - Additional Bond of General Administrator.
Section 43-2-87 - Additional Bond of Sheriff.
Section 43-2-88 - When Sureties Discharged by Additional Bond.
Section 43-2-89 - Force and Obligations of Former Bonds Continued.
Section 43-2-90 - Rights of Sureties Among Themselves.
Section 43-2-91 - Bonds Valid and Operative as Statutory Bonds.
Section 43-2-92 - Conditional Execution or Delivery of Bond.