40.0308 Appointment of administrator with will annexed.

Cite as [A.S.C.A. § 40.0308]

(a) If no executor is appointed in a will offered for probate, or if at any time by reason of death, removal or any reason there is no executor qualified to act, the Trial Division of the High Court may issue letters of administration with will annexed to some suitable person or persons.

(b) An administrator with will annexed shall have the same powers and duties, give the same bond, meet the same qualifications, and shall be appointed in the same priority as an administrator.

History: 1962, PL 7-21; amd 1979, 16-53 § 13.

Amendments: 1979 Substituted “Trial Division” for “Probate Division”.

Case Notes:

Makes no provision for attorney’s fees, absent which the court will not permit executor to compensate himself for legal services rendered. In re Laisene estate, ASR (1978).

Position of executor is one personal to the estate and is not inheritable, or assignable, upon the death of an executor; new application must be made. Tolmie v. Hunkin, ASR (1976).