Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
In Alabama, probate estates are handled by the Circuit Court in the county where the decedent last resided. All filings, including petitions for probate, letters of administration, and wills, become a matter of public record once the court opens an estate. To determine whether a probate estate has been opened, follow these steps:
- Identify the Proper Court: Probate matters fall under the jurisdiction of the Circuit Court in the decedent’s last county of residence.
- Search Online Court Dockets: Many counties maintain an online case-docket search via the Circuit Court Clerk’s website. Search by the decedent’s full name and year of death to find any probate filings.
- Contact the Circuit Court Clerk’s Office: If online records are unavailable or incomplete, call or visit the clerk’s office. Provide the decedent’s full name, date of death, and any known executor or administrator names. Alabama law makes probate records public under Ala. Code § 43-2-613, allowing you to request and review filings.
- Review Published Notices to Creditors: After opening an estate, the administrator or executor must publish a notice to creditors in a local newspaper. These notices, required by Ala. Code § 43-2-661, can confirm an opened probate estate.
- Request Certified Letters of Administration or Testamentary: If the court opened a probate estate, it issues Letters of Administration (for intestate estates) or Letters Testamentary (for testate estates). You can request a certified copy from the clerk’s office to verify the estate’s status and appointed fiduciary.
Helpful Hints
- Search under variations or initials if the exact name yields no results.
- Check local newspaper archives for probate notices published within six weeks of death.
- Be prepared to pay a nominal search or copy fee at the clerk’s office.
- If you believe an attorney filed the estate, the attorney may share status with interested parties.
- Keep records of your search, including dates, clerk names, and reference numbers.