Applying to Be Appointed Personal Representative of a Deceased Relative’s Estate in Alabama

Short answer: To be appointed personal representative (sometimes called executor or administrator) in Alabama you must file the appropriate petition in the probate court in the county where the decedent lived, provide the original will (if any), give required notice, and obtain the court’s order issuing letters testamentary or letters of administration. After appointment you must follow the court’s duties for administering the estate.

Disclaimer

This article explains general Alabama procedures and is educational only. This is not legal advice. For guidance specific to your situation, contact the county probate court or an Alabama attorney.

Detailed answer — step-by-step guide under Alabama law

1. Identify whether the decedent left a will

Find the original will, if there is one. Alabama gives the person named in a valid will the first right to be appointed as the personal representative. If there is no will (intestate), the probate court appoints an administrator following statutory priority rules and the court’s discretion.

2. File in the correct probate court

File the petition in the probate court for the county where the decedent was domiciled (their primary residence) when they died. The Alabama Administrative Office of Courts lists probate court contacts and local procedures; check the local probate court first for required forms and filing fees: https://www.alacourt.gov/.

3. Prepare the required petition and supporting documents

Typical documents the probate court will require include:

Death certificate (obtain from Alabama Department of Public Health: https://www.alabamapublichealth.gov/vitalrecords/).
Original will (if any).
Petition to probate the will and/or petition for appointment as personal representative (local forms vary by county).
Creditor/notice forms and any required filing fee.

4. Priority and parties

If the will nominates someone, that nominee usually has priority to be appointed. If there is no nomination or the nominee declines/is disqualified, the court will consider others — commonly the surviving spouse, then adult children, and other next-of-kin. Local practice and the court determine the order of priority and any required bond.

For statutory authority and the framework governing wills, fiduciaries, and estate administration, see the Code of Alabama, Title 43 (Wills, Trusts, and Fiduciaries): https://www.legislature.state.al.us/codeofalabama/1975/.

5. Notice, bond, and possible hearing

After you file, the court will require notice to interested persons (heirs, beneficiaries) and publication to unknown creditors in many cases. The probate judge may require the personal representative to post a bond to protect the estate against mismanagement; some wills waive bond, and courts may excuse bond in certain cases. Expect a short hearing if there is any dispute or to confirm the appointment.

6. Court issues letters and you begin administration

When the judge appoints you, the court issues letters testamentary (if there is a will) or letters of administration (if none). Those letters are legal proof of your authority to act for the estate: you can collect assets, open an estate bank account, pay bills, and handle sales or transfers per court rules.

7. Your duties after appointment

As personal representative you will have these core duties (general overview):

Inventory estate property and file inventories with the court as required.
Notify and publish for creditors and evaluate claims against the estate.
Manage assets carefully and maintain records; avoid conflicts of interest.
Pay valid debts, expenses, and taxes out of estate funds when appropriate.
Provide accountings to the court and interested persons if required.
Distribute remaining assets to the beneficiaries according to the will or Alabama intestacy rules, and file a petition for final settlement/closing.

Specific filing requirements, deadlines, and whether a formal accounting is required can differ by county and the estate’s complexity. Review local probate rules or ask the court clerk for guidance.

8. Common complications

Obstacles that can delay or prevent appointment include disputes over the validity of a will, competing petitions from multiple relatives, missing original will, required bond objections, or if the court finds a proposed personal representative unfit or ineligible. If someone contests your appointment, the court will hold a hearing to resolve priorities and fitness.

Helpful hints — checklist and practical tips

Locate the original will and any safe-deposit box right away. The original will must usually be filed with probate.
Contact the probate court in the county where the decedent lived before filing to get the correct forms and current filing fee. See: https://www.alacourt.gov/.
Obtain multiple certified copies of the death certificate from Alabama Department of Public Health: https://www.alabamapublichealth.gov/vitalrecords/.
Ask whether the will waives bond; if it doesn’t, plan for a bond and the possible cost of a surety company.
Gather quick documents: deed/title information, bank account statements, life insurance policies, recent tax returns, and a list of potential creditors and heirs.
Keep detailed records and separate estate funds from personal funds by opening an estate bank account once you have letters.
If the estate has tax issues or complex assets (business, real estate, out-of-state property), consult a probate attorney experienced in Alabama law.
When in doubt, contact the probate court clerk — they can explain local procedure and required forms but cannot give legal advice.

Where to find Alabama statutes and local resources

Code of Alabama (Title 43 — Wills, Trusts, and Fiduciaries): https://www.legislature.state.al.us/codeofalabama/1975/

Alabama Administrative Office of Courts (probate court information and links to county courts): https://www.alacourt.gov/

Alabama Department of Public Health — Vital Records (death certificates): https://www.alabamapublichealth.gov/vitalrecords/

When to hire an attorney

Consider hiring an attorney if the estate is large, creditors or tax issues are significant, the will is contested, multiple parties dispute the appointment, or you are uncertain about your duties. An attorney can prepare petitions, represent you at hearings, and reduce risk of personal liability for administration mistakes.

If you need help locating a probate attorney in Alabama, contact your local bar association or the probate court for a referral list.