Disclaimer: This article is for informational purposes only and does not constitute legal advice.
A personal representative manages the assets, debts, and distributions of an estate after someone dies. The probate court may remove a personal representative for misconduct, failure to account, conflict of interest, or other statutory grounds. This article explains how to appeal a removal order under Alabama law.
Detailed Answer
Under Alabama law, the probate court can remove a personal representative upon proof of misconduct, mismanagement, or other valid reasons. See Ala. Code § 43-2-820. After removal, the court may appoint a successor representative to complete estate administration.
If you believe the probate court erred in removing you, you may appeal the final order. Appeals from probate court decisions in Alabama are governed by Ala. Code § 12-22-1. This statute allows a de novo appeal to the circuit court “as in other civil cases.”
Key steps to appeal a removal order:
- File a Notice of Appeal in the probate court clerk’s office. Alabama law generally requires filing within 42 days after the entry of the final order.
- Post an appeal bond or security. The probate court will set bond requirements to protect the estate during appeal.
- Request transmission of the case record. Ask the probate clerk to forward the transcript, exhibits, and filings to the circuit court.
- Prepare for a de novo hearing. The circuit court reviews evidence and legal arguments anew, without deference to the probate court’s findings.
After the circuit court issues its decision, you may further appeal to the Alabama Court of Civil Appeals under the Alabama Rules of Appellate Procedure. Each appellate level has strict deadlines for filing briefs and records.
Helpful Hints
- Confirm deadlines: Missing the appeal window can forfeit your right to challenge the removal.
- Review the removal order closely: Identify the probate court’s stated reasons to frame your appeal arguments.
- Gather thorough documentation: Collect accountings, correspondence, and witness statements supporting your performance as personal representative.
- Understand bond requirements: Calculate and secure the required bond promptly to prevent dismissal.
- Consult an attorney early: While this article provides general information, an attorney can ensure you meet procedural rules and develop effective legal arguments.