Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney in Alabama for guidance on your specific situation.
Detailed Answer
When a decedent’s co-heirs refuse to cooperate, you can still secure or freeze the deceased’s bank accounts by obtaining appropriate court documents. Alabama law provides two primary pathways depending on the size of the estate:
1. Small Estate Affidavit
If the total value of all personal property (including bank accounts) does not exceed $100,000 and there is no dispute over heirs, you may use a small estate affidavit. Under Ala. Code §43-8-191, you file an affidavit in the probate court stating the decedent’s assets and the names of heirs. The court issues an order, and you present that order plus a certified death certificate to the bank. The bank then releases funds to the named heirs.
Key steps:
- Obtain a certified copy of the death certificate.
- Prepare the Small Estate Affidavit per Ala. Code §43-8-191.
- File the affidavit in the probate court with a filing fee.
- Obtain the court order approving the affidavit.
- Present the order and death certificate to the bank.
2. Letters of Special Administration
For larger estates or if heirs cannot agree, petition the probate court for letters of special administration. Under Ala. Code §43-2-528, the court may appoint a neutral administrator to secure and preserve assets. The administrator has authority to freeze accounts, pay necessary expenses, and protect the estate until a full administration or probate proceeding occurs.
Required documentation:
- Petition for Special Administration (form varies by county).
- Certified death certificate.
- Order granting Letters of Special Administration.
- Oath of Special Administrator.
- Bond approved by the court (if required).
Once the court issues letters, present the certified documents to the bank. The bank must freeze or restrict the account per the court’s authority.
Key Statutes
- Small Estate Affidavit: Ala. Code §43-8-191
- Special Administration: Ala. Code §43-2-528
Helpful Hints
- Check the estate’s gross value before choosing the small estate route.
- Include a full list of known heirs in all filings to prevent future disputes.
- Verify court forms and local rules on your county probate court website.
- Maintain a record of all bank communications and retained documents.
- Consult an attorney if the estate involves real property, complex assets, or contests.