Detailed Answer: Applying for Letters of Administration in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
1. What Are Letters of Administration?
Letters of administration are court-issued documents that authorize a person (the personal representative) to manage and distribute the assets of someone who died without a valid will (intestate).
2. Statutory Basis
- Appointment of administrators: Ala. Code § 43-2-20 (https://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/43-2-20.htm)
- Application procedure: Ala. Code § 43-2-40 (https://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/43-2-40.htm)
- Bond requirements: Ala. Code § 43-2-104 (https://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/43-2-104.htm)
3. Step-by-Step Application Process
- Confirm jurisdiction. File in the probate court of the county where the decedent lived at death (Ala. Code § 43-2-20).
- Identify the qualified applicant. Priority goes to the surviving spouse, then next of kin (Ala. Code § 43-2-40).
- Complete required forms. Gather AOC probate forms (see next section).
- Calculate bond amount. The court sets a bond based on the estate’s value (Ala. Code § 43-2-104).
- File forms and pay fee. Submit with the probate court clerk along with filing fee (varies by county).
- Publish notice. Most courts require a notice to creditors in a local newspaper.
- Receive letters. Once the judge approves, the clerk issues the letters of administration.
4. Key AOC Probate Forms
- AOC-PB-1: Application for Letters of Administration
- AOC-PB-2: Oath of Administrator
- AOC-PB-3: Personal Representative’s Qualification
- AOC-PB-6: Letters of Administration
- AOC-PB-11: Administration Bond
- AOC-PB-8: Inventory and Appraisement (optional at filing)
You can download probate forms from the Alabama Judicial System’s AOC site: https://judicial.alabama.gov/Forms/Probate.cfm.
5. After You File
Once appointed, the administrator must:
- Collect and safeguard estate assets.
- File an inventory and appraisement if not done at filing.
- Pay valid debts and taxes.
- Distribute remaining assets to heirs under Ala. Code § 43-8-412.
- File a final account with the court.
Helpful Hints
- Review county-specific probate rules before filing.
- Keep copies of all filed documents and receipts.
- Publish creditor notices promptly to avoid personal liability.
- Consult a probate attorney if the estate holds real property or large assets.
- Track deadlines for inventories, accounts, and creditor claims carefully.