Detailed Answer
When a person dies without a will (intestate) in Alabama, state law guides both the appointment of an administrator and the distribution of assets. Under Alabama Code Section 43A-7-1, the probate court uses a priority list to select an administrator: surviving spouse, adult children, grandchildren, parents, siblings, and other heirs.
To be appointed, a potential heir must:
- File a petition for administration in the probate court of the county where the decedent resided.
- Provide documentation proving heirship (for example, birth certificates, marriage license).
- Post any required bond, unless statutorily waived.
- Serve notice on all known heirs and interested parties.
- Attend the court hearing where the judge reviews qualifications and issues Letters of Administration.
Once appointed, the administrator has authority to collect the decedent’s assets, pay valid debts and taxes, and distribute the remaining property in accordance with Alabama’s intestacy statutes (43A-3-1 through 43A-3-8). The court may remove an administrator for misconduct, incapacity, or conflict of interest.
Helpful Hints
- Confirm you qualify under Section 43A-7-1 before filing.
- Gather relationship evidence early to avoid delays.
- Review Alabama Code Section 43A-7-2 to see if you qualify for a bond waiver.
- Serve all required notices promptly to prevent contests.
- Keep detailed records of estate transactions; the court may require periodic accountings.
Disclaimer: This article provides general information about Alabama probate law. It is not legal advice. Consult a licensed attorney to discuss the specifics of your situation.