§ 33-8-5 - Powers of surviving and qualifying joint executors – Filling of vacancies.
SECTION 33-8-5
§ 33-8-5 Powers of surviving andqualifying joint executors – Filling of vacancies. – If a testator shall appoint more than one executor of his or her will, and anyof them die or do not qualify, or, having qualified, shall die, resign, or beremoved, or become incapable of acting, those who for the time being arequalified to act shall, unless otherwise provided in the will, have the samepower and authority as is given by the will to the executors named therein;provided, that, upon the petition of any party in interest, the probate courtmay appoint an administrator with the will annexed to fill the vacancy, inwhich case the probate court shall also grant letters of administration to theadministrator with the will annexed if he or she shall qualify and theadministrator with the will annexed shall have the same power and authority asis given by the will to the executor in whose place he or she is appointed,unless the will contains an express provision contrary thereto.