Section 43-2-40 Generally.
Section 43-2-40
Generally.
Courts of probate, within their respective counties, have authority to grant letters of administration on the estates of persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an inhabitant of the county.
(2) Where the intestate, not being an inhabitant of the state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the state, dies out of the county, leaving assets therein.
(4) Where the intestate, not being an inhabitant of the state, dies, leaving no assets therein, and assets are afterwards brought into the county.
(5) Where the intestate, being an inhabitant of the state, dies, leaving no assets subject to administration in the county of his residence, and no administration has been granted in such county within three months after the death of the intestate, then administration may be granted in any county where the intestate leaves assets.
(Code 1852, §1667; Code 1867, §1985; Code 1876, §2349; Code 1886, §2013; Code 1896, §55; Code 1907, §2519; Code 1923, §5741; Code 1940, T. 61, §80.)