Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
1. Priority Order Under Alabama Law
Code of Ala. §43-2-50 sets a hierarchy for who may serve as administrator. The order is:
- Surviving spouse;
- Children;
- Grandchildren;
- Parents;
- Siblings;
- Next of kin.
The court typically appoints the highest-priority available heir.
2. Grounds to Bypass a Higher-Priority Heir
You may seek appointment over a higher-priority heir if you show the court:
- The heir is disqualified (for example, due to felony conviction or conflict of interest);
- The heir declines to serve or fails to act;
- The heir provides a written waiver of their right;
- You hold unique qualifications to manage the estate.
Provide evidence at the first probate hearing. The court will review under Code of Ala. §43-2-50.
3. Petitioning the Court
File a petition for administration in the county probate court. Include:
- Estate details and estimated value;
- List of heirs and their priority status;
- Documentation supporting bypassing the higher-priority heir (such as waivers or disqualification proofs);
- Your qualifications and proof of Alabama residency.
Serve notice on all interested parties. Attend the probate hearing prepared to present your case.
4. Alternative Routes
If you cannot disqualify the higher-priority heir or secure a waiver, consider:
- Joining the priority heir as co-administrator;
- Negotiating a family settlement agreement;
- Agreeing that the priority heir serves while you oversee specific tasks (bond reduction, asset liquidation);
- Returning later to petition for removal if the administrator fails in their duties.
Helpful Hints
- Review local probate court rules for exact filing procedures.
- Gather waivers or disqualification evidence before filing.
- Consider mediation among heirs to avoid contested hearings.
- Keep detailed records of estate assets and communications.
- Seek legal counsel for complex disputes or when in doubt.