Steps to Review and Correct Missing or Incorrect Probate Filings in Alabama

Quick summary: If you believe filings in your father’s Alabama probate matter are missing or incorrect, start by obtaining the court file from the probate court where the estate is open, identify the specific omissions or errors, and then use the probate process (clerk requests, motions, or petitions to the judge) to seek correction. Act promptly because deadlines and rights of interested persons can be time-sensitive. This article explains what to look for, typical remedies, and practical next steps.

Important disclaimer

This is general information and education about Alabama probate procedure and is not legal advice. Consult a licensed Alabama attorney about your particular situation.

Where to start: who can act and where the case is filed

In Alabama, probate matters are handled by the probate court in the county where the decedent was domiciled at death. Typical “interested persons” who have standing include heirs, beneficiaries named in a will, and personal representatives. To locate the case file, contact the county probate court clerk in the county where your father lived when he died. You can find general state-level probate resources at the Alabama Judicial System: https://judicial.alabama.gov/.

Step 1 — Obtain and review the court file

Request the probate court docket and certified copies of any pleadings: the original will (if filed), petition for probate or administration, letters testamentary or letters of administration, inventories, accountings, orders, and any motions and responses.
Review the inventory and accountings to see whether all assets, creditors, and distributions appear. Look for missing assets, omitted creditors, or distributions that do not match the will or Alabama intestacy rules.
Take notes identifying the specific filings you believe are missing or incorrect (e.g., no inventory filed; accounting does not list specific bank account; beneficiary name misspelled; will admitted under a different date than the copy you have).

Relevant Alabama statutory authority

Probate law and administration in Alabama are codified in Title 43 of the Alabama Code (Wills, Probate and Administration). For an overview of the probate statutes, see the Alabama Code Title 43 table of contents: https://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm. Specific statutory provisions that govern probate administration, inventories, accountings, and the powers and duties of personal representatives appear throughout Title 43.

Step 2 — Common problems and their usual fixes

Problem: Required forms (inventory or accounting) are missing

What to do: File a formal request with the probate clerk for the documents to be produced. If the personal representative has failed to file a required inventory or accounting, an interested person may petition the court to compel filing or may move to hold the representative in contempt for failing to obey court orders. The probate judge can order production or set deadlines.

Problem: Filings contain clerical errors (typos, wrong date, misspelled names)

What to do: Clerical mistakes are usually corrected by a simple motion asking the judge to enter an order correcting the record (sometimes called a nunc pro tunc entry). If the clerk can correct a purely clerical slip, they may do so on court order. Provide the judge a copy of the correct document or other proof of the intended text.

Problem: Assets are omitted or distributions don’t match the will

What to do: If the inventory or accounting omits assets, file a written objection and request a supplemental inventory or accounting. If the personal representative knowingly conceals or misappropriates assets, you can seek relief by asking the court for an accounting, removal of the representative, surcharge (monetary recovery), or other remedies. Gather proof of the omitted asset (bank statements, titles, communications).

Problem: The wrong person is acting as personal representative or a will was improperly admitted

What to do: An interested person may file a petition to remove the personal representative for cause (failure to perform duties, misconduct) or file a contest to the probate of a will if there are valid grounds (fraud, undue influence, lack of testamentary capacity). Will contests and removal actions require pleadings and a hearing; consult counsel quickly since these issues can involve strict procedural rules.

Step 3 — How to file the right papers

Start with a written request to the clerk for the missing document or correction. Many issues resolve after an administrative request.
If the clerk cannot fix it administratively, prepare a petition or motion explaining the error or omission and the relief requested (e.g., order compelling filing, order correcting the record, petition to reopen the estate, petition for accounting, or petition to remove the personal representative).
Include supporting exhibits (the filed documents, copies of the will, bank statements, correspondence) and request a hearing date if appropriate.
Serve notice to all required parties per Alabama probate procedure so everyone with an interest has an opportunity to respond.

Evidence and documentation to collect

Certified copies of the probate docket and any filings you already have.
Copies of bank statements, asset titles, insurance policies, and correspondence showing ownership or entitlement.
Communications (emails, letters, text messages) that show what the decedent intended or what the representative has done.

When to consider hiring an Alabama probate attorney

Hire an attorney if the matter is contested, if you believe assets have been misappropriated, if the representative refuses to file required accountings, or if you face deadlines for contesting a will. An attorney will draft appropriate pleadings, calculate deadlines, gather evidence, and represent you at hearings. You can find attorneys through the Alabama State Bar’s referral services and local bar associations; an attorney can also confirm applicable statutes and deadlines specific to your case.

Practical timeline and costs

Administrative corrections and clerk-ordered updates can sometimes occur within days or weeks. Contested matters (accountings, will contests, removal) can take months and incur attorney fees and court costs. The complexity and the number of interested parties largely determine the time and expense.

Helpful hints

Act promptly. Probate issues can involve strict procedural deadlines.
Keep a file with certified copies of all probate documents and all communications with the personal representative and the court.
Start with the probate clerk — many errors are clerical and easily fixed.
When requesting documents, ask for certified copies and the official docket sheet so you have an accurate record.
Document attempts to resolve issues informally. Judges look favorably on parties who tried to solve problems without litigation.
If the estate has no personal representative or the representative is uncooperative, a petition for the appointment of a successor administrator may be needed.
Look for local resources: Alabama Judicial System (https://judicial.alabama.gov/) and the Alabama State Bar can help you locate counsel or explanations of process.

Summary — your immediate checklist

Locate the probate court and request the full court file and docket.
Identify the specific missing or incorrect filings and document evidence.
Make a formal request to the probate clerk for correction; if that fails, prepare a petition or motion asking the court to compel, correct, or otherwise remedy the issue.
Consider hiring an Alabama probate attorney if the matter is contested or involves alleged misconduct.

If you want, tell me the county where the probate is filed and what specific filing you believe is missing or incorrect, and I can outline the likely petition or motion and point to the most relevant statutes and local clerk contact info.