Quick answer

To act as a limited personal representative (LPR) in Alabama under the small‑estate procedures you must file the correct papers with the local probate court, get appointed by the court, follow the court’s directions about notifying creditors, and obtain the court’s authority (or statutory authority) to sell real property. The probate court issues letters or an order that gives you authority to act. Because probate procedures and thresholds are set by statute and local practice, check the Alabama Probate Code and the local probate court’s forms and rules before you file: https://www.legislature.state.al.us/

Detailed answer — step by step

This guide assumes you start with no legal knowledge. It explains the typical steps in Alabama probate practice for a small estate where someone wants to be appointed with limited authority so they may publish a notice to creditors and sell a parcel of real estate. Procedures and exact paperwork can vary by county, and statutes and local forms change, so use this as a roadmap and verify details with the local probate court or an attorney.

1. Confirm the small‑estate procedure applies

Not every estate qualifies for summary or small‑estate administration. Alabama law defines different procedures for summary/small estates and full administrations. Check the Alabama Probate Code for the current small estate criteria and any dollar thresholds or asset-type limits before proceeding: https://www.legislature.state.al.us/

2. Identify the correct probate court

File in the probate court of the county where the decedent lived (domicile) at death or where the property is located (for some petitions). Counties use different local forms and may have filing checklists. Call the clerk of probate in that county or check their website for small‑estate or limited‑appointment forms.

3. Prepare the petition or affidavit to request appointment

Typical filings include:

• a petition (or an affidavit in jurisdictions that allow an affidavit process) asking the court to appoint you as limited personal representative;
• a statement of decedent’s assets and liabilities (an estimated inventory);
• a certified copy of the death certificate;
• identification for the proposed LPR; and
• names and addresses of heirs and known creditors (if available).

The petition must explain why you need limited appointment (for example, to publish notice to creditors and to sell a specific parcel of real property to pay debts or distribute proceeds).

4. Ask the court for the specific powers you need

An LPR’s powers are limited to what the court grants. If you will sell real estate you should request an order explicitly authorizing the sale and describing the terms you may use (contract signing, sale price threshold, ability to pay off encumbrances, etc.). Without an express grant, the LPR may not have authority to transfer title. The court may also require notice to heirs or a waiting period before sale.

5. Serve or publish notice to creditors per statute and court order

Alabama law governs how and when creditors must be notified. The court will direct whether you must publish notice in a local paper, send direct notice to known creditors, or both. Follow the statute and the court’s order exactly (timing, frequency of publication, and proof of publication). Keep copies of all notices and proof of service or publication in the estate file.

6. Obtain letters or an order of appointment

After the court grants your petition, it will issue letters of appointment or a written order describing the limited powers you have. You cannot act beyond what the court grants. Banks, title companies, and other parties will typically ask to see these letters or the court order before accepting a deed, closing a sale, or releasing assets.

7. Complete the sale of real property with court authorization and clear title steps

If the court authorized sale of real property: prepare and negotiate the purchase contract, obtain any required court approval or confirmation of the sale (the court may require you to file a report of sale and request approval), pay off valid liens and settle entitled claims from sale proceeds, and deliver a deed executed pursuant to the court’s order. Work with a title company or real estate closing attorney so the deed will be accepted by the buyer and recorded.

8. Pay debts, file required accounting, and distribute remaining proceeds

The LPR must pay valid funeral expenses, administrative expenses, and creditor claims in the priority order set by law. Keep detailed records, receipts, and an accounting for the court and heirs. After paying claims and costs you may distribute remaining funds or property as the court directs or as required by law.

Common issues when selling real property as an LPR

• Title companies often require a probate court order or updated letters showing authority to sell and to sign the deed.
• Mortgage lenders and lienholders must be paid off or have their lien addressed at closing.
• If the decedent’s surviving spouse or heirs claim homestead or statutory allowances, the court may require notice and accounting before permitting sale.
• The court may require sale confirmation (a hearing) for certain kinds of sales. Be prepared to request a confirmation hearing if required.

Documents and information to bring to probate court

• Certified death certificate.
• Printed copy of the decedent’s will (if any) and any codicils.
• Title information for the real property (deed, legal description, mortgage statements).
• List of known creditors and estimated amounts.
• Estimated list of assets (bank accounts, personal property, vehicles, accounts receivable).
• Names and addresses of heirs, spouse, and next of kin (as known).
• Photo ID for the person seeking appointment.

Where to find the law and local forms

Alabama’s probate procedures and small estate provisions appear in the Alabama Probate Code. Always consult the official Alabama legislative site for the current code and any statutory sections that apply: https://www.legislature.state.al.us/

Also check the website for the county probate court where you will file. Many counties provide dedicated small‑estate or limited‑appointment forms, filing checklists, and fee schedules.

Helpful Hints

• Call the county probate clerk before you file. Clerks can tell you whether a small‑estate process fits your situation and which local forms to use.
• Don’t sign sale contracts or transfer deeds until you have the court order or letters that specifically authorize the sale.
• Keep a detailed paper and electronic file of every filing, notice, proof of publication, receipt, and court order.
• Expect possible creditor claims; publish notices exactly as required to limit unknown claims later.
• If real property sale proceeds will pay creditors or administrative expenses, identify creditor priority and list it in your petition or accounting.
• Consider consulting a probate or real estate attorney for complex title issues, large sales, or disputes among heirs.
• Check statutory deadlines for filing creditor claims and for closing the estate — missing a deadline can affect liability and distribution.

When you should get legal help

If the estate has contested heirs, unclear title issues, multiple or large creditor claims, a surviving spouse asserting homestead or allowance rights, or if you feel uncertain about the sale process or court filings, consult an attorney licensed in Alabama. A lawyer can prepare petitions, represent you at hearings, and help secure clear title for a sale.