Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for guidance.
Detailed Answer
When an individual dies without a valid will (intestate) in Alabama, their estate must pass through probate under state intestacy law. To administer such an estate, you must apply to the Probate Court for letters of administration. Below is a breakdown of the documentation typically required.
1. Petition for Letters of Administration
File a written petition in the Probate Court of the county where the decedent was domiciled. The petition must include:
- The decedent’s full name, date, and place of death.
- The names, ages, and residences of the next of kin who are applying.
- The relationship of each applicant to the decedent.
- An approximate value and description of the decedent’s real and personal property located in Alabama.
- A statement confirming the decedent died intestate (without a will).
This requirement is set out in Ala. Code § 43-2-42.
2. Certified Copy of the Death Certificate
Obtain a certified copy of the decedent’s death certificate from the Alabama Department of Public Health or the issuing vital records office. A certified death certificate is required by Ala. Code § 22-11-13.
3. Surety Bond
The Probate Court will set a bond amount based on the value of the estate. The appointed administrator must post this bond with sufficient sureties unless:
- All heirs unanimously waive the bond in writing.
- The estate qualifies as a small estate under state law.
4. Oath of Administrator
The applicant must take and file an oath to faithfully perform their duties. Courts typically provide a standard form for this oath.
5. Notice to Heirs and Creditors
After letters issue, you must notify all known heirs and publish notice to creditors as required by Ala. Code § 43-8-6. Proof of mailing or publication must be filed with the court.
Helpful Hints
- Gather the certified death certificate and next-of-kin contact information before preparing your petition.
- Speak with potential sureties early to verify bond availability and cost.
- Check your county Probate Court’s website for local filing fees and specific form requirements.
- Consider using an affidavit of heirship if family relationships are complex or contested.
- Maintain clear records of estate assets, debts, and distributions to streamline bond calculations and final accounting.