Detailed Answer

Before you open probate in Alabama, you must locate and verify the decedent’s original will or any codicils. This process helps confirm the document’s authenticity and ensures the court distributes assets according to the decedent’s wishes.

1. Searching Likely Storage Locations

Start by checking places where important papers are often kept:

Safe deposit boxes (contact the bank with a death certificate).
Home file cabinets, locked drawers or strongboxes.
Attorney or estate planning firm files.
With trusted family members or friends (often named executor witnesses).

2. Notifying Known Executors and Attorneys

Alabama law requires any custodian of an original will to deposit it with the probate court within 30 days after learning of the decedent’s death. See Ala. Code § 43-8-622: deposit of wills. Contact the person named as executor or the decedent’s attorney to ask if they hold the documents.

3. Examining Court Records

If the will was previously deposited for safekeeping, it may already be on file in the decedent’s county probate court. Visit the probate judge’s office in the decedent’s last county of residence to search will registers or indexes.

4. Verifying Authenticity at Probate

Once you locate a suspected original will or codicil, you must establish its validity:

Ensure it bears the decedent’s original signature and date.
Obtain witness affidavits confirming execution formalities. Under Ala. Code § 43-8-706: proof of will, the will must be attested by two competent witnesses who witnessed the decedent sign or heard acknowledgement of the signature.
Present any codicils alongside the original will; they amend but do not replace the underlying will.

5. Filing for Probate

File the verified original will and any codicils with the probate court. Include:

Death certificate.
Petition for probate naming executor or personal representative.
Affidavits of attesting witnesses or proof if witnesses are unavailable.

Once the court admits the will to probate, it gains legal force, and the appointed personal representative can begin asset distribution.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.

Helpful Hints

Keep a list of potential custodians (banks, lawyers, family).
Request certified copies of the death certificate early.
Act promptly: failure to deposit a will can lead to penalties under Ala. Code § 43-8-622.
Record witness contact information when a will is drafted to simplify later verification.
Consider ordering a probate court index search to uncover previously filed documents.