Detailed Answer
In Alabama, an interested party can initiate probate of a decedent’s estate by following a structured court process. Probate ensures the decedent’s assets are collected, debts are paid, and remaining property distributes to rightful heirs or beneficiaries.
- Determine the proper venue. File in the Probate Court of the county where the decedent was domiciled at death.
- Establish standing. Alabama law defines “interested party” broadly to include a surviving spouse, heir at law, devisee under the will, or a creditor. See Ala. Code § 43-2-41.
- Gather required documents. Obtain the original will (if one exists) and a certified death certificate. Compile a list of heirs, devisees, and known creditors.
- File the petition. Submit a Petition for Probate of Will or Letters of Administration with the probate clerk, as set forth in Ala. Code § 43-2-50. Your petition must identify the decedent, state whether the decedent left a will, and list interested parties.
- Post a fiduciary bond. If required by the will or by the court, the proposed personal representative must post a bond. See Ala. Code § 43-2-48.
- Provide notice. Alabama law mandates notice to creditors and distribution to heirs:
- Publish a Notice to Creditors once in a local newspaper. (Ala. Code § 43-2-52).
- Mail a Notice to Heirs and Devisees. (Ala. Code § 43-2-58).
- Receive appointment. After verifying the petition and notices, the court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there is no will). This formal appointment grants authority to act as the personal representative.
- Administer the estate. The personal representative must inventory and appraise assets within four months (Ala. Code § 43-2-70), pay valid debts, file accountings, and distribute assets under court supervision. Final settlement follows Ala. Code § 43-2-90.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your specific situation.
Helpful Hints
- Confirm the decedent’s last residence to establish proper venue.
- Keep certified copies of all filed documents and court orders.
- Track the six-month deadline for creditor claims after publication.
- Maintain a detailed record of estate transactions and distributions.
- Seek legal assistance if the estate involves real estate, business interests, or contested matters.