Detailed Answer
In Alabama probate proceedings, an administrator must meet statutory duties and bond conditions under Title 43 of the Alabama Code. The probate court enforces compliance through ongoing supervision, bond requirements, mandatory inventories and accountings, and, if necessary, removal or surcharge. Below is an overview of the key mechanisms:
1. Probate Court Oversight
After letters of administration issue, the probate court retains authority to monitor the administrator. Under Ala. Code § 43-2-82, the administrator must file periodic and final settlements of accounts. The court may schedule hearings, demand explanations, and order corrections if duties go unmet.
2. Bond Requirements
Before receiving letters, the administrator must post a surety bond under Ala. Code § 43-2-60 and take an oath per § 43-2-84. This bond protects heirs and creditors against mismanagement. If estate assets increase or unexpected liabilities arise, the court can demand additional security under § 43-2-69.
3. Inventory and Accounting
Within thirty days of appointment (unless extended), the administrator must file a complete asset inventory under Ala. Code § 43-8-2. Periodic accountings must detail all receipts, disbursements, and distributions. Any interested party can contest these reports and request a formal hearing pursuant to § 43-2-139.
4. Removal and Surcharge
If an administrator misapplies estate funds or neglects statutory duties, the probate court may remove them and impose a surcharge (financial penalty) for losses under Ala. Code § 43-2-140. Creditor or heir petitions can trigger these actions.
Helpful Hints
- Verify the administrator’s bond amount and status at the probate clerk’s office.
- Obtain copies of all inventories and accountings filed in the estate file.
- Track and comply with deadlines for creditor claims to avoid forfeiture.
- If you suspect mismanagement, file a formal challenge or petition for a hearing promptly.
- Maintain open communication with the probate court to monitor case progress.
- Consult a probate attorney if you need help drafting petitions or interpreting reports.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a licensed attorney in Alabama for guidance on your specific situation.