Section 12-11-40
Proceedings on administration of estates in circuit court.
In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.
(Acts 1911, No. 536, p. 574; Code 1923, §6476; Code 1940, T. 13, §138.)