Can I get the Alabama probate court to reconsider letters of administration and replace the administrator so I, as the sole heir, can be appointed?

Short answer: Yes — but you must follow Alabama probate procedure. You file a petition in the same probate court that issued the letters asking the court to revoke or remove the administrator for cause and to appoint you as successor administrator (or issue new letters to you). To succeed you will need to show legal grounds for removal and provide proof of your status as the sole heir. The court will give notice and hold a hearing before it removes an appointed administrator.

Important disclaimer

This article explains general Alabama probate practice and is not legal advice. It does not create an attorney-client relationship. For help tailored to your case, consult a licensed Alabama probate attorney.

Where this case is handled

Probate matters are handled by the probate court in the county where the decedent lived at death. The probate judge issues letters of administration, supervises estate administration, and rules on petitions to remove administrators. See the Alabama Probate Code (Title 43) for the statutes that govern these procedures — start at the Alabama Legislature website: https://www.legislature.state.al.us/.

Typical legal grounds to remove an administrator under Alabama law

The probate court can remove an administrator for cause. Common grounds include:

Misconduct in office (misappropriating or converting estate assets).
Failure to perform duties: not filing an inventory, not accounting to the court, failing to collect estate assets, or failing to preserve assets.
Conflict of interest or disabling incapacity (mental or physical inability to perform duties).
Neglect or gross mismanagement that risks loss to the estate.
Violation of court orders or refusal to post bond (if required).

Standard of proof and what the court will consider

The court weighs the evidence, the administrator’s explanation, and the best interests of the estate and creditors. Removal is an equitable remedy: the court looks for sufficient cause (often shown by clear and convincing or preponderance of the evidence depending on the issue) that the administrator breached fiduciary duties or cannot faithfully perform duties.

Step-by-step: How to ask the court to reconsider issuance of letters and to remove the administrator

Confirm jurisdiction and existing filings.

Verify the probate court that issued the letters. Obtain certified copies of the letters of administration, the estate file, any inventory, and any accounting already filed. The probate clerk can tell you what is on file and any upcoming deadlines.
Assemble proof you are the sole heir.

Collect the decedent’s death certificate and documents that prove your relationship (birth certificates, marriage certificates, or other records). If intestacy applies and you are the only surviving heir, collect proof of that fact (family tree, affidavits from relatives, or a genealogy). The probate court will want proof of heirship before appointing you.
Gather evidence that removal is warranted.

Document any missed inventories, missing assets, unauthorized transfers, lack of accounting, unpaid estate bills, or other conduct. Bank records, cancelled checks, communications (emails/letters), witness affidavits, and copies of court filings are useful. If you suspect theft or criminal conduct, preserve evidence and consider notifying law enforcement.
File a written petition with the probate court.

The petition should: identify the estate and letters of administration; state you are an interested person and the sole heir; allege with specific facts why the current administrator should be removed; request the court revoke the letters or remove the administrator; and ask the court to appoint you as administrator (or to issue letters to you). Include a proposed order, a proposed inventory/accounting demand, and a request for any emergency relief you need (see next step).
Request immediate/temporary relief if needed.

If you believe assets are in danger of being dissipated, request urgent relief: an order compelling an accounting, a temporary restraining order or injunction to stop transfers, or the appointment of a temporary administrator. The court can act quickly if the estate faces imminent harm.
Serve required notice and follow local rules.

Alabama probate courts require notice to interested persons — typically heirs, creditors, and known beneficiaries. Follow the probate clerk’s instructions about service, publication (if required), and filing fees. Missing proper notice can delay relief.
Attend the hearing and present your case.

At the hearing you or your lawyer will present evidence and witnesses. The existing administrator will have an opportunity to defend. If the court finds cause, it may remove the administrator and appoint you, require the former administrator to file a full accounting, impose a surcharge for losses, or take other actions the court deems necessary to protect the estate.
Enforce the order and pursue follow-up remedies.

If the court orders removal and appointment, obtain certified letters and proceed to administer the estate. If the court orders an accounting or surcharge and the former administrator fails to comply, you may ask the court to hold that person in contempt or pursue civil claims to recover losses. Criminal theft or fraud should be reported to law enforcement.

What to include in your petition (practical checklist)

Caption identifying the probate court, decedent’s name, and estate number.
Your name, address, and your status as an interested person/sole heir.
Copy of letters of administration and date issued.
Clear factual allegations describing the administrator’s conduct and why removal is necessary.
Exhibits: death certificate, proof of heirship, any documents showing misconduct or failures to act.
Specific relief requested: removal, appointment of petitioner, temporary relief (accounting, injunction, temporary letters).
Signed verification or affidavit supporting the petition (as the rules require).

Timing and likely timeline

Each case differs. Simple contested petitions can resolve in weeks if evidence is clear and the court schedules a prompt hearing. Complex disputes or appeals can take months. If you request emergency relief, the court may act within days.

Possible outcomes

The court removes the administrator and appoints you as successor administrator.
The court orders a full accounting and requires the administrator to cure deficiencies but keeps the administrator in place.
The court denies removal if it finds no cause; you may seek appeal or pursue other remedies (accounting, civil claims).
The court imposes surcharges, orders restitution, or refers criminal conduct to law enforcement if warranted.

When to hire an attorney

Consider hiring a probate attorney if any of these apply:

The administrator resists removal or files counterclaims.
There are complex assets (business interests, out-of-state assets) or potential tax issues.
There is suspected fraud, theft, or criminal conduct.
Multiple interested persons dispute heirship or priority for appointment.

Helpful hints

Talk to the probate clerk early. Clerks can explain local practice, filing forms, and fee amounts.
Preserve evidence now — bank records and communications can disappear or be altered.
Be specific in your petition. General complaints without facts rarely succeed.
If possible, request an accounting before asking for removal. An accounting may reveal the issues you need to prove removal.
Consider mediation or negotiated turnover if the administrator is cooperative — removal is sometimes avoidable with an agreed surrender of letters and turnover of records.
If you are the sole heir, present clear proof of heirship up front to make appointment simpler after removal.
Keep timelines in mind. Statutes of limitations and probate deadlines can affect what relief is available.
If you suspect criminal conduct, protecting the estate (freezing assets, asking for a bond, or seeking a temporary administrator) may be urgent.

Where to find Alabama statutes and forms

Alabama’s probate law appears in the Alabama Code (Title 43) and local probate court rules. Start at the Alabama Legislature website: https://www.legislature.state.al.us/. For county-specific forms and procedures, check the local probate court’s website or contact the probate clerk’s office.

Final note

Removing an administrator and obtaining letters as the sole heir is a well-established probate remedy in Alabama, but it hinges on following court procedure and proving cause. If the facts are straightforward and you have clear proof of heirship and administrator misconduct or neglect, the court can and will order removal and appoint you or another suitable person. If facts or law are complicated, consult an Alabama probate attorney to prepare and present the petition correctly.