Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Alabama law, a decedent’s will must meet formal requirements to be valid. The testator must sign or acknowledge the will in the presence of at least two witnesses, who then sign the document in the testator’s presence (Alabama Code §43-8-4 and §43-8-5). A “self-proved” will includes sworn affidavits from the witnesses to speed up probate (§43-8-12).
To verify whether a decedent had a valid will or other estate planning documents, follow these steps:
- Contact the Probate Court. File a request with the probate court in the county where the decedent last resided. Wills admitted to probate are public record under Alabama Code §43-2-1.
- Search Safe Deposit Boxes. Banks may hold original wills. You may need a court order if you are not an authorized signer.
- Consult the Decedent’s Attorney or Financial Advisor. Lawyers and advisors often retain copies of estate planning documents.
- Inspect Personal Records. Look through home files for wills, trusts, powers of attorney or beneficiary designations.
- Ask Family Members or Close Friends. They may know if the decedent executed any documents or where originals are stored.
- Check for Trust Documents. If the decedent created a trust, contact the named trustee or trust institution.
If you locate an original will, file it with the probate court to start probate. If no will appears, Alabama law allows the court to appoint an administrator to distribute assets under intestacy rules.
Helpful Hints
- Begin your search in the decedent’s county of last residence to find the correct probate court.
- Bring valid photo ID and proof of relationship when requesting court records.
- Look for “self-proved” language—it can waive the need for witness testimony at probate.
- Keep detailed notes on all searches and inquiries to create an audit trail.
- Discuss electronic document storage—some people scan wills and save them in cloud accounts.
- Consider retaining a probate attorney if documents remain missing or contested.