Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Alabama, a personal representative (called an executor if named in a will, or an administrator if appointed under intestacy rules) handles the estate after death. The process involves five main steps: appointment, inventory, creditor notice and payment, accounting, and distribution.
1. Appointment of Personal Representative
To begin probate, a qualified person files the decedent’s will (if one exists) or petitions for letters of administration. The probate court issues letters testamentary (or letters of administration) officially empowering the representative to act. See Ala. Code § 43-8-73.
2. Inventory of Estate Assets
Within 90 days of appointment, the personal representative must prepare and file a complete inventory of all estate assets. This includes real property, bank accounts, investments, vehicles, business interests, personal effects, and outstanding debts.
- Gather documentation: deeds, titles, statements, insurance policies.
- Obtain professional appraisals for real estate and valuable personal property.
- List each asset’s fair market value as of the date of death.
- File the inventory with the probate court. See Ala. Code § 43-8-80.
3. Notice to Creditors and Payment of Debts
The representative publishes notice to creditors and mails individual notices to known creditors. Creditors have a limited period to submit claims. The representative reviews valid claims, pays them from estate funds, and challenges improper claims if necessary.
4. Accounting and Court Approval
After debts and administrative expenses are paid, the representative prepares a formal accounting of all receipts and disbursements. The court reviews and approves the accounting before distribution begins. See Ala. Code § 43-8-81.
5. Distribution to Heirs or Beneficiaries
Once the court approves the accounting, the representative distributes the remaining assets according to the decedent’s will or Alabama’s intestacy laws.
- If a valid will exists, follow its specific gifts and residuary clauses.
- For intestate estates, distribute per the order set out in Ala. Code § 43-2-238: spouse, children, parents, siblings, and so on.
- File a petition for final distribution and obtain a court order closing the estate.
Helpful Hints
- Maintain organized records of all estate transactions and communications.
- Use professional appraisers for unique or high-value assets.
- Communicate regularly with heirs to manage expectations and reduce conflicts.
- Set aside cash reserves for taxes, debts, and administrative costs before distribution.
- Consider hiring a probate attorney if the estate is complex or the heirs dispute distributions.
Handling estate administration can be complex. If questions arise, consult a qualified probate attorney in your county for guidance tailored to your situation.