Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Detailed Answer
Under Alabama law, the probate court uses a set order of priority to appoint a personal representative (sometimes called an executor). See Ala. Code § 43-2-50. The court will consider:
- The person nominated by the decedent in a valid will;
- The surviving spouse;
- Adult children of the decedent;
- The decedent’s parents;
- Siblings of the decedent or their descendants;
- Grandparents or their descendants;
- Next of kin;
- A public administrator if no qualified heirs step forward.
A mother-in-law is not a blood relative or an adopted heir and does not appear on this statutory priority list. You may serve as personal representative only if:
- The decedent named you in a valid will; or
- Every person with higher priority (spouse, children, parents, etc.) formally declines in writing.
If you qualify under one of these scenarios, you must file a petition in the probate court of the county where the decedent lived. The court will review your paperwork, verify that no higher-priority individual objects, and issue Letters of Personal Representative if approved.
If no heir qualifies, the court typically appoints the public administrator rather than an in-law. Always consult the local probate clerk for county-specific forms and deadlines.
Helpful Hints
- Locate the decedent’s will to see if you’re named as personal representative.
- Order a certified death certificate before filing your petition.
- Prepare a family tree showing all potential heirs in order of priority.
- Contact the probate court clerk to obtain required forms and fee information.
- If no eligible heir exists, research public administrator procedures in your county.
- Keep detailed records of notices sent to other heirs and any declinations.