When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of such will.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Section 43-8-160 - Who May Have Will Probated.
Section 43-8-161 - Time Limit for Probate.
Section 43-8-162 - Where Will Probated.
Section 43-8-163 - Probate Not Prevented by Subsequent Incompetency of Witnesses.
Section 43-8-164 - Notice to Surviving Spouse and Next of Kin - Generally.
Section 43-8-165 - Notice to Surviving Spouse and Next of Kin - Minors.
Section 43-8-166 - Notice to Surviving Spouse and Next of Kin - Persons Outside State.
Section 43-8-167 - Mode of Proving Will Generally.
Section 43-8-168 - Depositions of Witnesses.
Section 43-8-169 - Recordation of Witnesses' Testimony.
Section 43-8-170 - Certificate Endorsed on Will.
Section 43-8-171 - Admission of Will in Evidence.
Section 43-8-172 - Protection of Bona Fide Purchasers, Etc.
Section 43-8-173 - Withdrawal of Will Before Probate.
Section 43-8-174 - Withdrawal of Will for Proof Out of State.