Detailed Answer
In Alabama, an estate administrator must pay valid debts and then distribute the remaining assets to beneficiaries under the will or by intestate succession. If an administrator delays or refuses to pay your share, you can take several steps under state law:
1. Review the Administrator’s Duties
The Alabama Probate Code requires personal representatives to settle debts and distribute assets promptly. See Ala. Code § 43-2-720 (2020).
2. Send a Written Demand
Start by sending a formal written demand. Clearly state your beneficiary status, cite Ala. Code § 43-2-720, and request payment within a reasonable deadline (e.g., 14 days). Keep a copy.
3. Request an Accounting or Settlement
If the administrator fails to respond, you can petition the probate court for a judicial accounting or settlement of the estate. Under Ala. Code § 43-2-800, the court can order the personal representative to file detailed accounts.
4. Petition to Compel Distribution
After accounting, file a petition in the probate court asking the judge to issue an order compelling distribution. The court can issue a citation or rule to show cause why the administrator should not be held in contempt for failing to pay beneficiaries.
5. Seek Removal for Misconduct
If the administrator mismanages assets, neglects duties, or acts in bad faith, you can ask the court to remove and replace them under Ala. Code § 43-2-421. Removal may expedite distribution.
6. Consider Small Estate Procedures
If the estate qualifies as a small estate under Ala. Code § 43-2-730, you may use a simplified petition to receive your share without a full administration.
Helpful Hints
- Document every communication. Retain copies of letters, emails, and court filings.
- Check statutory deadlines. Alabama law sets time limits for creditor claims and final distributions.
- Gather necessary documents. Have your copy of the will, letters of administration, and beneficiary designation records ready.
- Attend probate hearings. Your presence shows the court you take the matter seriously.
- Consult a probate attorney. An experienced lawyer can file petitions and represent you in court.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.