Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Alabama attorney for guidance specific to your situation.
Detailed Answer
Discovering an old will decades after execution raises unique challenges under Alabama law. Below is an overview of steps to verify and probate such a will.
1. Locate and Authenticate the Original Document
Gather all available copies, drafts, or related correspondence. Compare handwriting, signatures, and notarization seals. If the original is lost or destroyed, you may seek to prove its contents under the lost‐will statute.
2. Identify Proper Probate Venue
File in the probate court of the county where the decedent last resided. Under Ala. Code § 43-2-360 (Code of Ala. 1975, Title 43), that court has jurisdiction to admit wills.
3. Petition the Court to Admit the Will
Prepare and file a Petition for Probate and Issuance of Letters Testamentary. Include:
- The original will or, if lost, a statement of its contents and the circumstances of its loss.
- An inventory of known assets.
- A list of heirs and beneficiaries.
4. Prove a Lost, Destroyed or Stolen Will
If the original will is missing, Alabama law permits admission of secondary evidence. Under Ala. Code § 43-8-291 (Code of Ala. 1975, Title 43), you must:
- Provide clear and convincing evidence of the will’s terms.
- Explain how the document was lost, destroyed, or stolen.
- Obtain at least two credible witnesses to testify to its contents or the decedent’s testamentary intent.
5. Provide Notice to Interested Parties
After filing, the court will issue notices to all heirs and beneficiaries. Interested parties have the opportunity to object or contest under Ala. Code § 43-8-250 (Code of Ala. 1975, Title 43).
6. Attend the Probate Hearing
At the hearing, present:
- Testimony of custodian and witnesses.
- Expert or forensic analysis if handwriting authenticity is challenged.
- Evidence of proper signing and attestation per Ala. Code § 43-8-79 (Code of Ala. 1975, Title 43).
If the court is satisfied, it will admit the will to probate and issue Letters Testamentary or Letters of Administration with Will Annexed.
Helpful Hints
- Begin reconstruction early: Collect photocopies, photographs, or transcriptions of the will.
- Interview witnesses promptly to preserve recollection.
- Maintain a clear chain of custody for all documents.
- Serve notices in compliance with statutory deadlines to avoid delays.
- Consider hiring a probate specialist with Alabama experience.
Every estate is unique. For personalized advice, speak with a qualified Alabama probate attorney.