Disclaimer: This article is for informational purposes only and is not legal advice.
Detailed Answer
When a person dies owning property in Alabama and no probate proceeding exists, a party interested in administering the estate must open an original administration. Below are the key steps under Alabama law to start that process.
1. Verify jurisdiction and existing records
- Confirm the decedent’s county of residence at time of death.
- Search probate court records to ensure no prior administration case exists.
2. Prepare and file the Petition for Administration
- Draft the petition including:
- Decedent’s name, date, and place of death.
- Heirs and beneficiaries with names and addresses.
- Estimated value and description of estate assets.
- Copies of the decedent’s will, if one exists.
- Attach a certified copy of the death certificate.
- File the petition with the Probate Court Clerk in the appropriate county.
- Pay the required filing fee as set by Ala. Code § 43-2-520 (§ 43-2-520).
3. Serve notice to interested parties
- Provide written notice to heirs, beneficiaries, and anyone named in the will.
- Publish notice if required by the court to alert unknown creditors.
- Follow Alabama’s notice requirements under Ala. Code § 43-2-693.
4. Appointment of Personal Representative and Bond
- The court will review the petition and appoint a personal representative.
- The appointee must qualify by taking an oath and posting a bond if required (see Ala. Code § 43-2-560).
5. Inventory, Appraisement, and Administration
Once letters of administration issue, the personal representative must:
- Gather and safeguard estate assets.
- File an inventory and appraisement within three months per Ala. Code § 43-2-701.
- Pay valid debts and distribute remaining assets according to the will or Alabama intestacy laws.
Helpful Hints
- Use the probate clerk’s office website to access local forms and fee schedules.
- Double-check the estate’s asset list to set a proper bond amount.
- Track deadlines for notices and inventories to avoid court sanctions.
- Consider small estate procedures under Chapter 8 for estates valued under $100,000.
- Seek guidance from a licensed attorney for complex estates or disputes.