Can I open probate in Alabama for my sibling’s estate if I live out of state?

Short answer: Yes — you can begin probate proceedings in Alabama even if you live in another state. Where to file, what documents you need, and whether you can serve as the personal representative (executor/administrator) depend on where the decedent lived, the estate’s assets, and Alabama probate rules. This article explains the typical steps, key Alabama law sources, and practical tips to complete the process from out of state.

Detailed answer — step by step

1. Confirm where probate must be opened

Probate is generally opened in the Alabama county where the deceased person was domiciled (their legal home) at the time of death. If the decedent lived in Alabama, contact that county’s probate court. If the decedent lived outside Alabama but owned real property or other assets in Alabama, you may need to open ancillary probate in the Alabama county where the property is located.

For general statutory background on wills and administration in Alabama, see Title 43, Code of Alabama (Wills, Administration and Probate): Alabama Legislature. For practical probate court information, see the Alabama Administrative Office of Courts: https://www.alacourt.gov/.

2. Decide whether full probate is required

Not every estate needs full probate. Common exceptions include:

Assets held jointly with right of survivorship usually pass directly to the co-owner and may avoid probate.
Assets with beneficiary designations (life insurance, retirement accounts) typically pass to the named beneficiary.
Small-estate procedures (summary administration or affidavit processes) may be available for limited-value estates; check the local probate court for thresholds and forms.

3. Find the original will (if any)

If there is a will, the original should be filed with the probate court in the correct county. The probate court will open a will probate (often called proving the will or probate of will) and may issue letters testamentary to the person named as executor. If you cannot get the original will, notify the probate court — they have procedures for lost or contested wills.

4. Who can serve as personal representative (executor or administrator)?

Priority for appointment usually follows the will’s nominated executor (if a valid will exists) or, if there is no will, the court follows statutory priority among heirs. Alabama law provides the framework for appointment and qualifications; check the probate clerk for specifics about priority and required notices. Some practical points:

Many courts will appoint an out-of-state person as personal representative, but some counties prefer or require a local resident or a resident agent for service of process. Ask the county probate clerk about residency expectations.
If the court requires a local resident co-representative or agent, you can often appoint a local attorney to fill that role or ask the court to accept a resident agent for service.
If you are appointed but live out of state, expect to file routine reports, accept service through an agent, and possibly post a bond (or request bond be waived if permitted).

5. Prepare and file the required paperwork

Typical documents the probate court will require:

Certified death certificate
Original will (if any)
Petition for probate or administration (forms vary by county)
Names, addresses, and relationships of heirs and beneficiaries
Inventory or preliminary list of estate assets (later a full inventory may be required)
Bond (if required by the court)

Contact the county probate clerk’s office for precise forms and filing fees. Many Alabama probate courts will accept filings by mail and will guide you on notarization requirements for out-of-state signers.

6. Remote steps and representation

Practical ways to handle the process from another state:

Hire a local probate attorney. They can prepare and file paperwork, appear in court, and act as a local point of contact.
Use the probate clerk by phone/email to confirm document submission by mail, e-filing options (if available), or whether your physical presence is required for any hearing.
Arrange to have documents notarized locally; many counties accept notarized affidavits from out-of-state signers. Some documents may require an in-court oath or appearance — your attorney can often handle that.

7. After appointment — duties and timelines

Once letters testamentary or letters of administration are issued, the personal representative must gather assets, pay valid debts and taxes, file inventories and accounts as required by the court, and distribute the remaining assets according to the will or Alabama intestacy rules. Timelines and reporting requirements vary by county; the court will set required filings.

Statutes and official resources (Alabama)

General Alabama Probate Code: Title 43, Code of Alabama (Wills, Administration and Probate). Search Title 43 at the Alabama Legislature website: https://www.legislature.state.al.us/.
Practical probate court information and county contacts: Alabama Administrative Office of Courts: https://www.alacourt.gov/.

Note: probate practice (forms, local procedures, bond requirements, and small-estate rules) differs by county. Always check the specific county probate court website or call the clerk for exact requirements.

Helpful Hints

Call the county probate clerk first. They will tell you the county filing procedures, fees, and whether an in-person appearance is needed.
Get multiple certified death certificates early; banks and agencies require originals or certified copies.
Locate the original will quickly. If you cannot, ask the probate court for the process to prove or admit a lost will.
Consider a local probate attorney. Using local counsel can speed filings and avoid travel, especially if court hearings or bond issues arise.
If the estate is small, ask about summary or affidavit procedures that avoid full probate.
Expect to provide clear contact information and an address for service if you live out of state — the court will need a reliable local address or resident agent if required.
Keep careful records and receipts as the personal representative — you may need to file inventories and accountings with the court.

When to get legal help

Hire an Alabama probate attorney if any of the following apply: the estate is large or complex, dispute among heirs is likely, real property or out-of-state assets exist, the will is contested or missing, or you are unsure whether you qualify to serve. An attorney can represent you in court and help you satisfy local procedural requirements when you are out of state.

Important disclaimer: This article is informational only and does not constitute legal advice. It explains general Alabama probate concepts. For advice specific to your situation, consult a licensed Alabama probate attorney or contact the appropriate county probate court.