US Laws, Codes, Statutes & Cases

(a) Administration of an intestate's estate must be granted to one of the persons herein named if the person is willing to accept and satisfactory to serve in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) Any other person as the judge of probate may appoint.

(b) Notwithstanding the provisions of subsection (a) of this section, in all counties having a population of 400,000 or more, according to the last or any subsequent federal census, or in any county having an elected general or county administrator, administration of an intestate's estate must be granted to some one of the persons hereinafter named, if willing to accept and satisfactory to serve, in the following order:

(1) The husband or widow.

(2) The next of kin entitled to share in the distribution of the estate.

(3) The largest creditor of the estate residing in this state.

(4) The county or general administrator.

(5) Any other person as the judge of probate may appoint.

(Code 1852, §1668; Code 1867, §1986; Code 1876, §2350; Code 1886, §2014; Code 1896, §56; Code 1907, §2520; Code 1923, §5742; Acts 1931, No. 551, p. 649; Acts 1936, Ex. Sess., No. 52, p. 29; Code 1940, T. 61, §81; Acts 1945, No. 356, p. 574; Acts 1951, No. 635, p. 1091; Acts 1956, 1st Ex. Sess., No. 128, p. 190; Acts 1996, No. 96-744, p. 1306, §1.)