Qualifying as the Administrator of a Sibling’s Estate in Alabama (When There Is No Will)

Short answer: Under Alabama law, you can be appointed administrator of a sibling’s estate if the probate court determines you are the proper person to serve — usually because there is no surviving spouse, no higher-priority heir, or higher-priority heirs decline or are unable to serve. To be appointed you must file a petition in the county probate court, satisfy basic eligibility requirements, and follow the court’s bonding and notice rules.

Detailed answer — how appointment works and how you qualify

This section explains the common steps and legal standards used by Alabama probate courts when someone dies without a will (intestate) and a sibling wants to be appointed administrator. This is a general guide and not legal advice.

1. Who has priority to be appointed administrator?

When a person dies intestate (without a valid will), Alabama probate courts follow a statutory priority for appointing a personal representative (often called an “administrator”). The court generally prefers:

• the surviving spouse;
• an adult child;
• the decedent’s parents;
• other next of kin, such as siblings.

If someone higher on the list is available, willing, and qualified, the court will usually appoint that person instead of a sibling. A sibling typically will be appointed when there is no surviving spouse, no surviving children, and parents are not available or willing to serve, or when all higher priority heirs decline or are disqualified.

2. Basic eligibility and disqualifications

Most Alabama probate courts require the administrator to be an adult (18 or older). Common disqualifying factors include being legally incompetent, having a felony conviction that the court deems relevant, or being otherwise unfit. Residency rules vary: the court may prefer a resident of Alabama or the county where the decedent lived, but nonresidents can sometimes serve if the court approves or if a local co-administrator is appointed. The court also considers conflicts of interest and the ability to perform duties (e.g., manage assets, pay debts, and distribute property).

3. How to ask the probate court to appoint you

1. File a petition for administration in the probate court of the county where the decedent lived (or where property is located). The petition typically asks the court to appoint you as administrator and lists heirs and assets.
2. Provide the decedent’s death certificate and an affidavit of heirs or a list of known heirs. The court needs to know who may inherit.
3. Give required notice. The court will notify known heirs and may direct you to publish notice to unknown creditors or heirs.
4. Post a bond if the court requires one. Probate courts often require administrators to post a fiduciary bond to protect estate creditors and heirs; however, the bond may be waived by the court or by agreement of the heirs in some circumstances.
5. Appear for any hearing. The court will consider petitions and any competing claims and then issue Letters of Administration to the appointed administrator.

4. What the probate court looks at when choosing among competing applicants

The judge considers:

• statutory priority among heirs;
• willingness of the person to serve;
• financial responsibility and need for a bond;
• potential conflicts with beneficiaries;
• any criminal history or incapacity;
• practical ability to administer the estate (e.g., local presence, availability).

5. What an administrator must do after appointment

Once appointed, an administrator must:

• secure and take control of estate assets;
• inventory assets and file an inventory with the probate court when required;
• notify creditors and pay valid debts and taxes;
• manage estate property prudently until distribution;
• file accountings or final reports with the court and distribute remaining assets to heirs according to Alabama intestacy rules.

Key Alabama law resources

Alabama’s probate, wills, and administration laws are contained in Title 43 of the Alabama Code. For the text of the statutes and additional details, see the Alabama Legislature’s code repository: Alabama Code (Title 43 – Wills, Administration, and Estates). For practical probate forms and court-specific rules, check the Alabama Judicial Branch: Alabama Judicial System.

Helpful Hints

• Before filing, contact the probate court clerk in the county where your sibling lived. Clerks can give you local filing requirements and any standard forms the court uses.
• Collect basic documents: certified death certificate, any bank or asset statements you can find, and contact information for likely heirs.
• If a surviving spouse or child exists, expect the court to give them priority. If you want to serve despite that, talk to an attorney about options if higher-priority heirs are unwilling to serve.
• Ask whether a bond is required and whether heirs can agree to waive it — waivers can simplify appointment and reduce costs.
• If multiple siblings want to serve, the court may appoint one administrator or co-administrators; consider reaching an agreement among heirs before filing to avoid contested hearings.
• Keep careful records of receipts, payments, and communications; administrators have fiduciary duties and must account to the court and heirs.
• If the estate is small, Alabama may offer simplified or summary administration procedures — ask the probate clerk what options exist for small estates.

When to talk with an attorney

Consider consulting an Alabama probate attorney if the estate has significant assets, complex ownership (real estate in multiple states, business interests), potential creditor claims, or disputes among heirs. An attorney can help with petitions, reducing bond requirements, dealing with creditors, and preparing accountings for the court.