Opening a Decedent’s Estate in Alabama to Pursue a Camp Lejeune Claim — FAQ

Quick answer: To bring a Camp Lejeune claim on behalf of a deceased spouse, you generally must be the decedent’s personal representative (executor or administrator) appointed by the Alabama probate court for the county where the decedent lived. That requires opening an estate, getting letters of administration or testamentary, and then pursuing the tort or federal claim in the decedent’s name through the appointed representative.

Detailed answer — step‑by‑step under Alabama law

This section explains the typical steps to open a probate estate in Alabama, what the court will require, and how that appointment ties into filing claims related to Camp Lejeune exposure. This is a general guide — probate practice varies by county and facts.

1. Confirm jurisdiction and where to file

File the probate petition in the probate court of the county where the decedent was domiciled (their usual residence) at the time of death. If you’re unsure which county to use, check the decedent’s last address and tax records or ask the county probate clerk.

2. Locate a will (if any) and prepare documents

If the decedent left a will, the person named as executor generally petitions for Letters Testamentary. If there is no will, an heir (often the surviving spouse) petitions to be appointed administrator and will receive Letters of Administration if the court approves.

Typical documents to gather before filing:

Original will (if there is one).
Certified copy of the death certificate.
List of known heirs and potential beneficiaries.
Information about the decedent’s assets (bank accounts, real estate, vehicles, retirement accounts, insurance).
Any preexisting powers of attorney or trust documents.

3. File the petition to open the estate

You (or an attorney) will file a petition with the probate court asking the judge to appoint you (or another named person) as personal representative. The petition will ask the court to issue Letters Testamentary (if a will names an executor) or Letters of Administration (if there is no valid will).

The probate clerk will tell you what filing fee applies and whether a bond is required. Many wills waive bond; if there is no waiver or will, the court sometimes requires an administrator’s bond to protect estate creditors and heirs.

4. Notice and appointment

The court will typically require notice to heirs, beneficiaries, and sometimes creditors. After required notice and any waiting period, the court issues the letters appointing the representative. Those Letters are your proof that you may act for the estate — bank accounts, insurers, and courts rely on them.

5. Inventory, marshaling assets, and administering the estate

Once appointed, the personal representative collects estate assets, safeguards property, and prepares an inventory. The representative must pay valid debts and taxes from estate assets before distributions. Alabama law governs time frames for inventories, accounting, and creditor notice — your probate clerk or probate forms packet will explain local deadlines.

6. Making and preserving claims — where a Camp Lejeune claim fits

A Camp Lejeune claim based on exposure to contaminated water is a civil claim. If the injured person is deceased, the personal representative (appointed by the Alabama probate court) typically is the proper party to bring the claim on behalf of the estate and/or in a wrongful death capacity for survivors. Do not file suit in the decedent’s name alone — most courts and defendants require that the plaintiff is the estate representative.

Practical steps regarding the Camp Lejeune claim:

Obtain and keep a certified copy of your Letters of Administration or Letters Testamentary. Most defendants and courts will request those documents before accepting a lawsuit.
Preserve medical records, military records, and any documentation linking the decedent to Camp Lejeune (service records, orders, rental or housing records showing residence near the base during the relevant years).
Contact counsel experienced with Camp Lejeune claims as soon as possible. They can advise whether to present an administrative claim first or file directly in federal court, and how to present claims for the decedent’s estate and for surviving family members (wrongful death).

7. Closing the estate after claims are resolved

If the estate pays or receives money related to a Camp Lejeune claim, the representative must account for that in probate records, pay authorized expenses and debts, and distribute remainder per the will or Alabama intestacy law. Courts generally require final accountings and a formal closing order.

Where to find Alabama statutes and local forms

Alabama’s probate procedures are governed by state statutes and local probate-court rules. For official access to the Code of Alabama and to search relevant probate provisions, start with the Alabama Legislature website: https://www.legislature.state.al.us/

For county-level probate office contact information and forms, use the Alabama Unified Judicial System site: https://judicial.alabama.gov/ — the probate clerk can provide required forms, fee schedules, and local practice notes.

Helpful Hints

Do not delay appointing a representative. Banks and government agencies generally require probate authority before releasing records or allowing a claim to proceed.
Keep originals and certified copies of everything: death certificate, letters, will, military service records, medical files, and any documents showing residence at Camp Lejeune.
Contact the VA or CDC Camp Lejeune resources for health guidance and documentation: https://www.publichealth.va.gov/exposures/camp-lejeune/index.asp
Ask the probate clerk whether a simplified or summary administration is available if the estate is small — that may speed appointment and distribution in some cases.
If you are named executor in a will but cannot serve, the court will appoint another qualified person. If you cannot serve as administrator, explain that to the court promptly to avoid delays.
Hire a probate attorney if the estate has complex assets (real property, businesses, out‑of‑state assets), significant creditor claims, or if multiple heirs contest appointments or distributions.
For Camp Lejeune claims specifically, timely consultation with counsel experienced in military/contamination litigation is important to ensure claims are properly presented and deadlines are met.

Next steps

1) Contact the probate court in the decedent’s county and request the packet for opening an estate. 2) Gather the documents listed above. 3) File the petition to be appointed and obtain Letters of Administration or Testamentary. 4) Work with counsel to file the Camp Lejeune claim in the proper form and forum once you are appointed.

Disclaimer: This article is for general information only and does not create an attorney‑client relationship. It is not legal advice. Laws change and facts matter; consult a licensed Alabama probate attorney for advice tailored to your situation.