How do I apply for letters of administration and what AOC forms are required in Alabama? | Alabama Probate | FastCounsel
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How do I apply for letters of administration and what AOC forms are required in Alabama?

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

  1. Confirm jurisdiction. File in the probate court of the county where the decedent lived at death (Ala. Code § 43-2-20).
  2. Identify the qualified applicant. Priority goes to the surviving spouse, then next of kin (Ala. Code § 43-2-40).
  3. Complete required forms. Gather AOC probate forms (see next section).
  4. Calculate bond amount. The court sets a bond based on the estate’s value (Ala. Code § 43-2-104).
  5. File forms and pay fee. Submit with the probate court clerk along with filing fee (varies by county).
  6. Publish notice. Most courts require a notice to creditors in a local newspaper.
  7. 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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.