Step-by-step guide to handling a parent’s estate in Alabama

Detailed Answer

This FAQ-style guide explains the practical steps most people need to take when they must handle a mother’s estate under Alabama law. It assumes no prior legal knowledge and uses a simple hypothetical to illustrate key points. This is educational information only and not legal advice. For help specific to your situation, consider consulting a probate attorney in Alabama.

Hypothetical facts (example to illustrate steps)

Mom passed away. She lived in Alabama and left a handwritten will naming one child as executor. She owned a house, a checking account, a vehicle, and had a small retirement account. There are no obvious disputes among relatives.

1. Immediately after death: secure documents and property

– Find the death certificate and obtain multiple certified copies from the Alabama Department of Public Health. You will need these for banks, insurance, and court filings. See Alabama Vital Records: alabamapublichealth.gov/vitalrecords.

– Locate the original will, any trusts, safe-deposit box keys, life-insurance policies, deeds, account statements, and the decedent’s contact list. Keep the original will safe — the probate court usually needs the original.

– Secure the decedent’s home, vehicle, and other property to prevent loss or damage.

2. Determine whether probate is needed

Alabama does not require probate for every estate. Small estates or assets that pass outside probate (joint accounts, beneficiary-designated retirement accounts, or assets held in trust) may avoid full probate. Generally, if the deceased owned real property, or if total probate assets exceed informal-transfer limits, you will open a probate estate.

For an overview of probate and related rules, consult the Alabama Unified Judicial System’s probate information: judicial.alabama.gov. Alabama statutory rules governing wills and estates appear in Title 43 of the Alabama Code; see the Alabama Legislature site for the Code: legislature.state.al.us.

3. Opening a probate case: where and how

– File a petition with the probate court in the county where your mother lived when she died. The probate court will appoint a personal representative (called an administrator or executor, depending on whether a will names one).

– If there is a valid will that names an executor, the named person typically petitions the court for appointment as personal representative and to admit the will to probate. If there is no will, an interested person (usually a close family member) petitions to be appointed administrator under intestacy rules.

– Each county probate court has local forms and procedures. Start at the Alabama Unified Judicial System site to find your county probate court contact information and forms: judicial.alabama.gov.

4. Appointment and duties of the personal representative

After appointment, the personal representative has the authority and duty to:

• Collect and protect estate assets.
• Inventory and value estate property.
• Notify creditors and pay valid debts and final expenses from estate funds.
• File required tax returns (final personal income taxes, estate tax if applicable) and, if needed, file an estate accounting with the probate court.
• Distribute remaining assets to heirs or beneficiaries according to the will or Alabama intestacy rules.

5. Inventory, valuation, and notices

– Inventory: Prepare a list of all assets (real estate, bank accounts, vehicles, investments, personal property) and estimate values as of the date of death.

– Creditor notice: Alabama law requires notification to creditors. The probate court can tell you the procedure and whether you must publish a notice in a local newspaper. The court’s guidance and local rules are available at the Alabama Unified Judicial System: judicial.alabama.gov. See Title 43 of the Alabama Code for statutory provisions on administration of estates: legislature.state.al.us.

6. Paying debts, bills, and taxes

– Use estate funds to pay funeral expenses, reasonable administration costs, and valid creditor claims.

– File the decedent’s final federal and state income tax returns and, if the estate’s value is large enough, federal estate tax returns. IRS guidance on estate and gift taxes: irs.gov/estate-and-gift-taxes.

– Keep clear records and receipts for all payments; the personal representative may need to file an accounting with the probate court and provide documentation to beneficiaries.

7. Distributing assets and closing the estate

– After debts, taxes, and expenses are paid and creditor claim periods have passed, distribute the remaining assets according to the will or Alabama intestacy rules.

– The personal representative should obtain a court order approving the final distribution or a written release from beneficiaries, if required by the court, and then file a petition to close the estate.

8. Special situations to watch for

• If the will is contested, probate can become complex and will likely require legal representation and court hearings.
• If assets were held in trust, those assets generally follow the trust document and do not pass through probate.
• If someone claims undue influence or the decedent lacked capacity, those are contested issues resolved in court.

Where to find authoritative Alabama resources

• Alabama Unified Judicial System (probate court information and contacts): judicial.alabama.gov
• Alabama Department of Public Health — death certificates and vital records: alabamapublichealth.gov/vitalrecords
• Alabama Legislature — Alabama Code (Title 43 covers wills and estates): legislature.state.al.us
• Social Security survivor benefits: ssa.gov/benefits/survivors
• IRS — estate and gift tax information: irs.gov/estate-and-gift-taxes

Disclaimer: This article explains general principles of Alabama estate administration for educational purposes only. It is not legal advice. Laws change, and every case has unique facts. For guidance tailored to your situation, consult a licensed Alabama probate attorney.

Helpful Hints

• Obtain 10–20 certified copies of the death certificate right away. Many institutions require them.
• Keep one clear paper file (or secure digital folder) for all estate documents and receipts.
• Ask banks to freeze accounts so claims and transfers occur through the probate process, avoiding accidental disbursements.
• Identify assets that pass outside probate (joint accounts, payable-on-death designations, life insurance and retirement beneficiaries).
• Talk with family early to set expectations about timing and possible costs; probate can take several months to more than a year.
• If the estate seems complex (real property in multiple states, business interests, contested will), consult a probate attorney promptly.
• Use official court forms from your county probate court when possible to avoid procedural delays.