Detailed answer — what to expect under Alabama law

If your parent named your sibling as executor (personal representative) in the will, but that sibling refuses to serve, you can often be appointed instead. Alabama probate courts generally follow the will’s nominations, but they also have rules for what happens when a nominated representative declines or is unable to act.

Key points you should know:

• Filing the will: After your parent dies, someone (often a family member) must file the original will with the probate court in the county where your parent lived. The probate judge opens the estate and begins the appointment process.
• Renunciation or refusal: If the person named as executor refuses to serve, the probate court treats that person as having renounced the appointment. Often the renunciation should be made in writing and filed with the court. If the named executor formally renounces, the court will look to any alternate executor named in the will.
• Alternate nominee in the will: If the will names an alternate executor, the court will usually appoint that alternate if they are qualified and willing.
• No alternate named or alternate also refuses: If there is no alternate, or the alternate also refuses or is disqualified, the court will appoint a suitable person to serve as the personal representative. That person is commonly a beneficiary or an heir who is qualified and willing. The probate judge has discretion and will consider the preference of the decedent (the will), the interests of heirs and creditors, and who is best able to administer the estate.
• Priority and qualification: Alabama law and local probate practice set out who can serve. Generally, adults who are competent and not disqualified (for example, due to felony convictions in some cases) may serve. The probate judge will consider family relationships and the wishes of the beneficiaries, but the judge has discretion to appoint an appropriate person when the nominated executor refuses.
• Bond requirements: The court may require the personal representative to post a surety bond to protect the estate unless the will waives bond or the heirs agree to waive bond. If the will waives bond, the waiver may still be subject to the court’s approval and local practice.
• Procedure to ask for appointment: You (or your attorney) will typically file a petition with the probate court to be appointed personal representative. The petition should attach the original will (or state that it has been filed), the death certificate, and any written renunciation by the named executor (if available). The court usually gives notice to interested parties and may set a short hearing. If no one contests, appointment can be routine and quick.

Statutes and resources: Alabama’s laws on wills, administration, and appointment of personal representatives are found in the Code of Alabama (Title 43). You can review the Code of Alabama (Title 43) for the statutory framework at the Alabama Legislature website: https://www.legislature.state.al.us/alacode/1975/. The probate court in the county where the decedent lived controls the practical process and filing requirements, so check that court’s website or contact the clerk for local forms and procedures.

Example scenario (hypothetical):

Parent signs a will naming Sibling A as executor and Child B (you) as a beneficiary. Parent dies. Sibling A sends a written letter to the probate court that they will not serve. There is no alternate named. You file the original will and a petition asking the probate court to appoint you as personal representative. You include the death certificate and Sibling A’s written renunciation. The probate court gives notice to statutory heirs and beneficiaries; no one objects. The judge appoints you, and you qualify by taking an oath and posting bond if required. You receive letters testamentary (court document proving your authority) and proceed to administer the estate.

When family conflict or legal complexity exists: If another person objects, or if there are questions about who should be appointed (for example, multiple heirs want the job), the court may hold a contested hearing to decide who is best suited to serve. In contested situations, retain an attorney experienced in Alabama probate law to represent your interests and explain bond, inventory, creditor notice, and distribution duties under the Code of Alabama.

Helpful hints — practical steps to increase your chances of appointment

1. File the original will promptly with the local probate court and obtain certified copies of the death certificate.
2. If the named executor refuses, get a written renunciation from that person and file it with the court. If they only verbally refuse, note that in your petition and ask the court to treat it as a renunciation.
3. Review the will for an alternate executor or co-executor. If one exists, ask that person if they will serve before filing a petition for your own appointment.
4. Prepare a petition for appointment. Typical attachments: original will, death certificate, written renunciation (if any), and a list of heirs and beneficiaries. The probate clerk can often provide a form or checklist.
5. Notify interested parties. Alabama probate procedure requires notice to heirs/beneficiaries and sometimes creditors. Follow the court’s instructions for notice to avoid delays or objections.
6. Be ready to post bond unless the will waives it and the court accepts the waiver. Talk with the court clerk about bond amounts and bonding companies used locally.
7. If other heirs contest your appointment, stay calm. The court will evaluate who is best suited. Consider hiring a probate attorney if there’s a dispute, complex assets, or substantial creditor claims.
8. Keep records. If you are appointed, keep detailed records of estate assets, receipts, expenditures, creditor notices, and distributions. The probate court will require an inventory and accounting in many estates.
9. Ask the probate clerk for local forms and timelines. Local practice varies by county, and the clerk can explain filing fees, typical hearing times, and procedural requirements.