Alabama Attorney General Opinion 1979-0187

LEE L. HALE DEPUTY ATTORNEY GENERAL lF OF At.0 CHARLESA.GMfiaMDICK 1"tia) ATTORNEY GENERAL STATE OF ALABAMA OFFICE OF THE ATTORNEY GENERAL 59- 004'7 65 EVER WILLIAM M. BEKURS, EXECUTIVE ASSISTANT WALTER S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL JANIE NOBLES ADMINISTRATIVE ASSISTANT MAY 3 1979 AOMINI ITC stroLouniq 66 NORTH UNION MONTGOMERY, *6130 AREA 11011). 634-11160 Honorable Myrtle Green Judge of Probate Madison County Courthouse Huntsville, Alabama 35804 Wills and Estates-Probate Judges Grant of letters testamentary after revocation of letters of administration does not require new notice of appointment nor does it extend the period within which claims may be filed. Opinion by Assistant Attorney General Stephens Dear Judge Green: We have received and considered your request for an Attorney General's opinion on the following two questions: "1. Under 43-2-29(a) of the Code of Alabama; is it necessary to require the Executor subsequently appointed to give public notice by publication of his appointment as required by 43-2-60 and 61 of the Code of Alabama when the Administrator has already complied with said sections concerning notice? "2. Under 43-2-29(a) of the Code of Alabama where an Executor is subsequently appointed more than six months after the appointment of the Administrator, is the period extended within which claims may • Sincerely, Honorable Myrtle Green Page Two be filed against the estate of the decedent for an additional six month period as set out in 43-2-350 of the Code of Alabama?" It is my opinion that both questions should be answered in the negative. Where the Administrator has already given public notice prior to the naming of an Executor, the requirements of Section 43-2-60 of the Code of Alabama have been met and persons having claims against the estate have been given the notice deemed sufficient by the Legislature. Similarly, the Legislature has prescribed a six-month period for filing claims against an estate and no extension of that period is provided where an Executor is named to replace an appointed Administrator. That six- month period begins to run from the date of the initial issuance of letters of administration or testamentary. I hope and trust that this sufficiently answers your questions. If we can be of any further help to you, please let me know. CHARLES A. GRADDICK Attorney General CAG:bs