Detailed Answer
This article explains what you should collect before a loved one’s death to prepare for probate in Alabama. Gathering key documents early saves time and reduces stress. Probate in Alabama follows rules set out in Alabama Code Title 43, which governs wills and estate administration.
1. Personal and Family Information
- Full legal name, date of birth, and Social Security number of the decedent
- Names, addresses, and contact information for spouse, children, and other heirs
- Copy of marriage certificate, divorce decree, or adoption papers if applicable
2. Estate Planning Documents
- Original Last Will and Testament (signed and witnessed per Ala. Code § 43-8-20)
- Revocable living trust documents, if any
- Durable power of attorney for finances
- Medical power of attorney or health care proxy
- Living will or advance health care directive
3. Financial and Asset Records
- Bank and investment account statements (including IRA, 401(k) plans, brokerage accounts)
- Deeds and property tax statements for real estate holdings
- Vehicle titles and registration documents
- Life insurance policies with beneficiary designations
- Retirement benefit statements from employers
- Safe deposit box location and access information
4. Liabilities and Miscellaneous Documents
- Outstanding loan agreements, mortgage statements, and credit card accounts
- Recent tax returns (federal and state) for the past 3–5 years
- Utility bills and service contracts
- Digital asset inventory (online accounts, passwords, digital currency wallets)
5. Document Organization and Accessibility
Store originals in a secure location and share copies with a trusted person. Consider a letter of instruction with a checklist of where to find everything. Clear labeling speeds up the probate process.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Review and update documents every 2–3 years or after major life changes
- Keep a centralized digital or physical folder with all estate planning materials
- Inform executors and family about document locations and access codes
- Securely store backups of digital files and passwords
- Consult an attorney for will execution requirements and probate guidance