How Alabama Probate Courts Handle Unauthorized Charges to a Parent's Estate

Short overview

When someone (including a personal representative, family member, or third party) makes unauthorized withdrawals, charges, or takes property from a deceased person’s estate, Alabama probate law provides several ways to correct the problem. The probate court oversees estate administration, requires fiduciaries to account for estate funds, and can remove or surcharge a personal representative who misuses estate property. In serious cases, a wrongful taker may face civil liability (restitution, conversion, breach of fiduciary duty) and criminal prosecution (theft or financial exploitation).

How the probate process addresses unauthorized charges — step by step

1. Confirm the charge and gather evidence

Before taking court steps, collect clear documentation: estate inventories, bank and credit card statements, cancelled checks, payee records, emails or texts about payments, the will (if any), letters testamentary or letters of administration issued by the probate court, and any accountings filed by the personal representative. Save originals and make copies. Time-stamp or otherwise preserve digital records.

2. Ask the personal representative for an explanation and accounting

Alabama probate practice requires the personal representative (executor or administrator) to inventory estate assets, pay valid debts and expenses, and keep records. If you are a beneficiary or interested person, you may request an informal accounting or explanation. Sometimes an apparent unauthorized charge is a legitimate estate payment (funeral cost, taxes, valid creditor payment).

3. Check court filings and notices

Review what the personal representative has filed with the probate court: the inventory, any filed accountings, or petitions for authority to pay certain expenses. The probate clerk can help you obtain those filings if you do not have copies. In Alabama, the probate court supervises administration under Title 43 (Wills, Trusts, and Administration).

4. Object to the account or petition the court

If you are an interested person (a beneficiary, heir at law, or a creditor), you may file an objection to the personal representative’s account or file a petition asking the probate court to:

• require an accounting;
• surcharge (financially charge) the personal representative or wrongdoer for improper withdrawals;
• remove the personal representative for misconduct or incapacity;
• freeze estate assets or require a bond increase to protect the estate;
• order restitution and recovery of estate property or funds.

The probate court has broad equitable powers to correct improper administration and to protect estate assets. For Alabama statute authority on probate administration and fiduciary duties, see the Code of Alabama, Title 43 (Wills, Trusts, and Administration): https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm.

5. Seek a surcharge or removal

If the court finds unauthorized or improper charges, it can surcharge the personal representative or any person who improperly took estate property — that is, order them to pay back the value (plus interest or other damages). The court may also remove the personal representative and appoint a successor. Courts typically require clear records and proof that the charges were not authorized or reasonable estate expenses.

6. Bring civil claims if probate remedies are incomplete

In addition to probate remedies, you may bring a civil action in court for causes such as conversion (taking estate property), breach of fiduciary duty, unjust enrichment, or declaratory relief. Courts can impose constructive trusts or order restitution. Civil litigation may proceed in circuit court if the probate court’s jurisdiction or relief is limited.

7. Report possible criminal conduct

If someone intentionally stole estate money or committed financial exploitation (especially of an elderly or vulnerable adult), report it to local law enforcement or the district attorney. Theft or exploitation can lead to criminal charges in addition to civil and probate remedies. For Alabama criminal statutes broadly, see the Code of Alabama Title 13A (Criminal Code) via the Alabama Legislature site: https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm (navigate to Title 13A).

8. Consider emergency relief when assets are at immediate risk

If estate funds face imminent dissipation, ask the probate court for emergency relief such as a temporary injunction, an order to freeze accounts, or to increase the personal representative’s bond. The court can act quickly when necessary to protect estate assets.

Who can act and who has standing

Typical interested persons who can challenge unauthorized charges include: beneficiaries under the will, heirs at law if there is no will, named residuary beneficiaries, creditors (for creditor-related transactions), and other persons with a direct interest in the estate. If you are unsure whether you have standing, consult the probate court clerk or an attorney.

Evidence and proof the court will want

• Copies of bank and credit-card statements showing the withdrawals or charges.
• Estate inventory and any accountings filed by the personal representative.
• Receipts, canceled checks, invoices, or communications authorizing payments.
• Phone calls, emails, or other records showing requests or denials of payment.
• Affidavits from witnesses or from professionals (accountants, bankers) if needed.

Practical timeline and time limits

Probate matters follow court schedules and local practice. Some actions (like objecting to a filed accounting or petition) have short deadlines once notice is given. Statutes of limitation for civil claims (conversion, breach of fiduciary duty) vary by claim type. Do not delay investigating or preserving evidence. If you suspect theft or fraud, act promptly to notify the court, law enforcement, and counsel.

When to call an attorney

Contact a probate or estate litigation attorney in Alabama if:

• you find unexplained withdrawals or charges and cannot get a satisfactory explanation;
• the personal representative refuses to produce records or an accounting;
• you believe the personal representative has misused, stolen, or converted estate assets;
• you need emergency relief to stop dissipation of estate funds;
• you consider filing a civil action for restitution or conversion.

An attorney can help you prepare and file objections, petitions for surcharge or removal, and civil claims, and will advise whether criminal referral is appropriate.

Where to find official probate information in Alabama

• Alabama Code, Title 43 (Wills, Trusts, and Administration): https://www.legislature.state.al.us/alison/CodeOfAlabama/1975/coatoc.htm
• Alabama Judicial System / Probate Court information: https://judicial.alabama.gov

Helpful hints

• Preserve evidence immediately: copy statements, take screenshots, and keep originals in a secure place.
• Request a written accounting from the personal representative early and in writing.
• Be professional and document all communications — courts pay attention to clear records.
• Do not move or spend suspected estate funds yourself; that can complicate the situation.
• Talk to the probate clerk to learn local filing steps and deadlines before filing papers.
• If the deceased was elderly and the charge suggests financial abuse, notify adult protective services and law enforcement as well as the probate court.
• Consider mediation if the issue arises from a family dispute and immediate asset risk is low; courts sometimes favor settlement.