How to Become the Administrator of Your Sister's Estate in Alabama (Intestate Administration Guide) | Alabama Probate | FastCounsel
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How to Become the Administrator of Your Sister's Estate in Alabama (Intestate Administration Guide)

Detailed Answer

Short overview: If your sister died without a will (intestate) in Alabama, the probate court in the county where she lived handles her estate. To become the court-appointed administrator (sometimes called the personal representative or administrator of the estate), you must file a petition in that probate court, show you are an appropriate person to serve, and follow the court’s notice, bond, inventory, and accounting requirements. This article explains the usual steps, what documents you’ll need, and practical tips to improve your chance of appointment and to fulfill your duties once appointed.

1. Where to start: jurisdiction and court

File your petition in the probate court of the county where your sister was domiciled (her permanent residence) when she died. The probate judge has authority to appoint administrators, supervise estate administration, and approve distributions under Alabama probate law (see Alabama Code, Title 43 for probate and intestacy rules). For general state resources about probate courts and procedures, see the Alabama Judicial System: https://judicial.alabama.gov/ and the Alabama Legislature website for statutory text: https://www.legislature.state.al.us/.

2. Who has priority to be appointed?

Alabama follows a priority list for appointment when someone dies intestate. Courts usually prefer a person who is an interested party (an heir) and who is able and willing to serve. Typical priority order used by many probate courts includes (in simplified form):

  • Surviving spouse;
  • Children;
  • Parents;
  • Siblings (brothers or sisters);
  • More remote relatives or a creditor if no family will serve.

If your sister left no spouse, no children, and no parents alive, a sibling is commonly the next preferred person. If several siblings want to serve, the court can appoint them jointly or choose among them after a hearing. If someone with higher priority (for example a surviving spouse) exists and objects, the court normally follows the statutory priority.

3. Typical documents and information the probate court will require

When you file your petition for administration you should gather and prepare:

  • Official certified copy of your sister’s death certificate;
  • A completed petition for administration (probate court form) naming you as petitioner/administrator;
  • A list of potential heirs, their addresses, and your statement of who you believe is entitled under intestacy;
  • Proof of your relationship to the decedent (e.g., birth certificate, other family records) to demonstrate you are a sibling;
  • An asset list (real estate, bank accounts, vehicles, life insurance, retirement accounts, digital assets known, etc.) and any known debts;
  • Identification for yourself and any co-applicants; and

Probate clerks can provide local petition forms and filing checklists. Many counties post forms on their probate court webpages; call the county probate office before you visit so you bring everything they require.

4. Bond, notices, and hearings

Bond: Alabama probate courts often require an administrator to post a surety (probate) bond to protect estate creditors and heirs against mismanagement. The court sets the bond amount based on estate value. In some cases, heirs can waive the bond requirement in writing and the court may accept that waiver.

Notice: After a petition is filed, the court typically orders notice to interested persons and to creditors. You may need to publish a notice in a local newspaper for a statutory period and send individual notices to heirs. Follow the court’s directions carefully to preserve estate timelines and avoid claims being revived later.

Hearing: If multiple persons petition or an interested person objects, the court will schedule a hearing to decide who should be appointed. If you are the highest-priority, competent, and available person, and no one objects, the appointment is often routine.

5. What you must do as administrator

  1. Secure and inventory estate assets. File an inventory with the court as required.
  2. Identify and notify creditors. Pay valid debts and taxes from estate funds in the order the law requires.
  3. Manage estate property prudently (maintain insurance, preserve real property, etc.).
  4. File accountings or reports and request court approval for distributions to heirs under intestacy law.
  5. Distribute assets to heirs according to Alabama’s intestacy rules once debts, costs, and taxes are paid and the court approves the distribution.

6. Common complications

  • Multiple people seeking appointment — the court resolves by priority or after a hearing.
  • Unknown or unreachable heirs — the court may allow publication and special procedures to locate heirs.
  • Disputed assets (for example, jointly titled property or beneficiary-designated accounts) — some assets pass outside probate; beneficiary designations control those accounts and may not be estate property to administer.
  • Small estates — some states (including Alabama) provide simplified procedures for small estates; check with the probate court if the estate appears small.

7. Practical step-by-step checklist

1) Call the probate court in the county where your sister lived; ask for their intake checklist and forms for appointment of an administrator. 2) Obtain certified death certificate(s). 3) Prepare and file a Petition for Letters of Administration with the probate court, including an inventory of known assets and list of heirs. 4) Be prepared to post a bond unless heirs waive it. 5) Serve required notices and follow publication requirements. 6) Attend any court hearing and, after appointment, follow inventory, creditor, and accounting requirements. 7) Distribute assets under intestacy after court approval.

8. Where to find the controlling law

The probate and intestacy rules are in the Alabama Code (Title 43 covers probate, wills, and administration). You can read statutes and related provisions on the Alabama Legislature site: https://www.legislature.state.al.us/. For practical court procedures and local forms, contact the county probate court or view resources on the Alabama Judicial System website: https://judicial.alabama.gov/.

9. When you should consider hiring an attorney

Consider hiring a probate attorney if any of the following apply:

  • There is a dispute among heirs over who should serve or over estate assets;
  • The estate appears to have substantial debts, complex assets (business interests, out-of-state property, pension accounts), or tax issues;
  • You are unfamiliar with the court process or the estate is likely to trigger creditor claims;
  • Creditors or others contest your appointment or your actions as administrator.

Important reminder — this is not legal advice

This article explains general Alabama probate concepts to help you understand the common steps to be appointed administrator when a person dies without a will. It is educational only and does not substitute for personalized legal advice. For advice about a specific estate, contact a licensed Alabama probate attorney or the county probate court.

Helpful Hints

  • Call the probate clerk first — many counties provide intake checklists and forms that save trips to the courthouse.
  • Get several certified death certificates right away; banks and government agencies often each require certified copies.
  • Document your relationship to the decedent (birth certificates, family records) before the hearing to speed appointment.
  • Make a quick asset list (bank accounts, real estate, vehicles, safe deposit boxes, life insurance beneficiaries) before filing.
  • If you expect family conflict, consider talking with a probate attorney early — resolving disputes before a hearing shortens the process.
  • Ask the court whether a bond is required and whether heirs can waive bond in writing to reduce upfront costs.
  • Keep clear records of all estate transactions; you will need to file inventories and accountings with the court.
  • If the estate seems small, ask the probate clerk about simplified or small-estate procedures that may let you avoid full administration.

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.