Alabama: How to Get Appointed as an Estate Administrator or Co-Administrator

This FAQ-style guide explains the common steps to become an estate’s personal representative (administrator) or to serve as a co-administrator under Alabama law. It outlines who usually has priority, what paperwork and hearings the probate court typically requires, the role of bonds and notice, and practical tips for preparing an application. This is educational information only and is not legal advice.

Detailed Answer

Overview of roles and governing law

When a person dies, a probate court oversees distribution of their property. If the decedent left a valid will, the person named as executor (personal representative) normally petitions the probate court for appointment. If there is no will (intestate) or the nominated executor cannot serve, the court appoints an administrator. Alabama probate and estate law is found in Title 43 of the Code of Alabama. For statute text and chapter organization, see the Code of Alabama (Title 43): https://alisondb.legislature.state.al.us/acas/codeofalabama/1975/coatoc.htm. You can also find local probate court information at the Alabama Judicial System website: https://judicial.alabama.gov.

Who can be appointed?

Common hierarchy for appointment (general practice):

• Person named in a valid will (named personal representative/executor) who is willing and able to serve.
• If no will or if the nominated representative cannot serve: the surviving spouse usually has top priority.
• Other heirs by blood or marriage (adult children, parents, siblings, nieces/nephews) follow in priority.
• If no qualified private person is available, a public administrator or other court-appointed guardian may be appointed.

Courts consider capacity, age (must be an adult), criminal history, conflicts of interest, and whether the candidate will faithfully administer the estate.

Step-by-step: How to seek appointment

1. Confirm proper venue (which probate court). File in the probate court in the county where the decedent lived at death.
2. Determine whether a will exists. If there is a will, the named personal representative normally files the petition for probate and appointment. If no will exists, you file as a petitioner for administration (intestate administration).
3. Collect basic documents. You will need the decedent’s original death certificate, the original will (if any), a certified copy of the death certificate, identification for the petitioner, and often an inventory of known assets or a statement about the type and location of major assets.
4. Prepare and file a petition. The petition for administration (or for probate and appointment when a will exists) asks the probate court to appoint you as personal representative. The petition normally includes identifying information for the decedent, heirs, beneficiaries, and the petitioner, and states whether a will exists.
5. Provide notice and service. Alabama law requires notice to interested persons and sometimes to creditors. The probate court will direct the method and timing of notice, which often includes publishing notice in a local newspaper and sending written notice to heirs and beneficiaries. Follow the court’s notice instructions precisely.
6. Post a bond if required. Many courts require a surety bond for administrators, unless the will waives bond or other statutory exceptions apply. The bond amount usually depends on the estate’s value. The court issues letters of administration after bond is approved.
7. Attend the hearing. The court schedules a hearing. At the hearing the judge confirms identity, verifies notice, and reviews any objections. If the court approves, it issues letters of administration (or letters testamentary when a will is probated) which authorize the representative to act for the estate.
8. Act under the court’s authority. After appointment you have fiduciary duties: inventory assets, preserve property, notify creditors, pay valid debts and taxes, manage estate assets prudently, and distribute the estate according to the will or Alabama intestacy rules. File required inventories, accountings, and petitions for final distribution with the probate court as directed.

Specials about co-administrators

Alabama probate courts may appoint co-administrators when several persons jointly request appointment or when the court believes co-administration will help manage the estate. Practical considerations include:

• Co-administrators must agree on decisions or follow the court’s direction for resolving disputes.
• The court may limit the authority of co-administrators or require one to handle day-to-day duties.
• Bond requirements usually cover the combined fiduciary responsibility; the court may set a single bond or multiple bonds.

When the court refuses to appoint you

The court may deny appointment for reasons such as lack of priority, conflict of interest, incapacity, a criminal conviction affecting fitness, or credible objections by heirs or creditors. If you are denied, the court will appoint the next qualified person in the priority list or a public administrator.

Timing and costs

Timing depends on court schedules and complexity. Simple administrations may be appointed in a few weeks; complex estates can take months. Typical costs include filing fees, bond premiums, attorney fees (if you hire counsel), and publication costs. Check local probate court fee schedules and ask the court clerk for estimated timelines.

Where to find the law and local rules

Key statutory materials governing probate and administration are in Title 43 of the Code of Alabama. For statutory language and chapter organization see: Code of Alabama (Title 43). For court-specific forms and local procedures, contact the probate court clerk in the county where the decedent lived or visit the Alabama Judicial System website: https://judicial.alabama.gov.

Common pitfalls to avoid

• Failing to file in the correct probate court.
• Missing required notice deadlines or incorrect service of notice.
• Not obtaining required bond before acting as administrator.
• Acting as though you have authority before the court issues letters of administration.
• Ignoring creditor claims or tax filing obligations, which can expose you to personal liability.

Helpful Hints

• Contact the local probate court clerk early. Clerks provide filing forms, fee schedules, and local practice tips.
• Locate the original will before filing. If someone else has the original, ask the court about how to file a copy or how to compel production.
• Get a certified copy of the death certificate immediately — courts normally require it with the petition.
• If you expect disputes among heirs or complex assets (real estate, business interests), consult a probate attorney to avoid mistakes and personal liability.
• Ask whether the will waives bond. Many wills waive bond for the named personal representative, which speeds the process and reduces cost.
• Keep good records from day one: receipts, communications, inventories, and bank records make court accountings much easier.
• If asked to serve as a co-administrator, discuss roles and decision-making in writing before filing, and consider estate counseling to reduce disputes.

Final note and disclaimer

This article explains typical steps under Alabama law and common court practices. It is educational information only and does not constitute legal advice. Laws and local probate procedures change. For personalized advice about a specific estate or to prepare filings, consult a licensed probate attorney or your local probate court clerk.