Detailed Answer
During probate administration in Alabama, the court requires the original will or a certified filed copy to admit it for probate. Follow these steps to obtain and submit the document correctly under Alabama law.
1. Locate the Original Will
The original will often resides with the decedent’s attorney, in a safe-deposit box, or among personal papers. If you serve as the personal representative named in the will, you should:
- Contact the decedent’s attorney or bank where the will was drafted or stored.
- Present certified letters of appointment to access a safe-deposit box.
- Search the decedent’s home office, file cabinets, or personal files.
2. Obtain a Filed Copy from Another County
If the decedent already probated the will in a different Alabama county, you can request a certified copy from that probate court. To do so:
- Identify the county where the will was originally probated.
- Submit a written request to the probate judge’s office.
- Pay any applicable copying fees.
3. Prepare the Will for Submission
Once you secure the original or certified copy, file it with the probate court in the county of the decedent’s domicile. Alabama law requires:
- Petition for probate including date of death and decedent’s residence (Ala. Code § 43-8-201). See § 43-8-201
- The original will with witness endorsements or a certificate of proof.
- A certified copy of the death certificate.
- Payment of probate filing fees.
4. Admitting a Copy When the Original Is Lost
If the original will is lost, destroyed, or withheld, Alabama law allows you to submit a copy with an affidavit explaining the circumstances. The court may require notice to interested parties and a hearing before admitting a copy:
- File an affidavit detailing the will’s due execution and the inability to locate the original.
- Include a certified copy of the will.
- The court will hold a hearing to verify the will’s authenticity (Ala. Code § 43-8-212). See § 43-8-212
5. Court Process After Submission
- The probate court reviews all documents.
- The judge marks the will “Admitted to Probate” and issues letters testamentary to the personal representative (Ala. Code § 43-8-211). See § 43-8-211
- Notice to creditors and heirs follows under court rules.
Helpful Hints
- Store the original will with a trusted attorney or bank to avoid misplacement.
- Keep multiple certified copies of the will in separate secure locations.
- Obtain letters of administration promptly to access safe-deposit boxes or attorney files.
- Check the local probate court website for specific filing forms and fee schedules.
- Meet all submission deadlines to prevent probate delays.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation.