Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Alabama law, a personal representative (also called an executor or administrator) must file periodic accountings with the probate court and provide copies to interested parties. The key statute is Alabama Code § 43-2-740, which requires an annual settlement within 12 months after qualification and further settlements at intervals not to exceed 24 months. Each accounting must detail all receipts, disbursements, and the value of estate assets.
When the personal representative files an account, the court sets a hearing date. The representative must serve a notice of hearing and a copy of the account on every person interested in the estate at least 10 days before the hearing. “Interested persons” include heirs, beneficiaries, creditors, and others defined under Alabama Code § 43-1-2(14). If you qualify as an interested person, you have a statutory right to receive a copy of the account in advance of the hearing.
If the personal representative fails to provide a copy after proper request, you may petition the court to compel production. The court has authority under its general supervision powers (Alabama Code § 43-2-744) to order the representative to file and serve the account. In rare cases, failure to provide required accountings can lead to surcharge or removal of the personal representative.
Helpful Hints
- Identify your status: Review Alabama Code § 43-1-2 to see if you qualify as an interested person.
- Request in writing: Send a formal written request for the accounting and keep a copy for your records.
- Note deadlines: The law requires at least 10 days’ notice before the hearing on the account.
- File a motion: If you do not receive the accounting, file a petition or motion in probate court to compel compliance.
- Seek legal help: Consult an attorney if the personal representative resists or if you encounter procedural issues.