Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for guidance.
Detailed Answer
In Alabama, a probate hearing sets the court date to review a petition—such as proving a will or appointing a personal representative. Under Alabama Code § 43-2-604, the petitioner (often an heir or nominated executor) must prepare and serve a Notice of Hearing that proposes a date, time, and location for the probate court to rule. If the court clerk does not schedule a hearing after you file your petition, follow these steps to request and set one.
1. Verify Your Petition and Notice of Hearing
First, ensure your petition complies with § 43-2-600 et seq.. Confirm you attached a Notice of Hearing that:
- Identifies the probate court and judge
- Lists the estate file number
- Proposes a date, time, and location at least 10 days out, per § 43-2-604
2. Contact the Probate Clerk’s Office
If you filed correctly but the clerk hasn’t scheduled your hearing within 30 days, call or visit the probate court clerk. Provide your case number and copies of your petition and notice. Ask when your hearing will be set and confirm that the notice is on file.
3. File a Motion to Set Hearing
If the clerk still won’t set a date, prepare and file a Motion to Set Hearing. In that motion:
- Reference your petition’s filing date
- Cite Alabama Code § 43-2-604
- Offer two or three proposed hearing dates compliant with the 10-day notice rule
- Request prompt scheduling of your hearing
Serve the motion on all interested parties, then file proof of service. The clerk must docket the motion and notify you of the hearing date.
4. Confirm and Prepare for the Hearing
After the court sets a hearing, verify the date, time, and courtroom number with the clerk’s office. Serve the finalized Notice of Hearing on all interested parties. Gather your documents, evidence, and any witness information to present at the hearing.
Helpful Hints
- Review local probate court rules for specific scheduling procedures.
- Use certified mail or a process server for proof of service.
- Keep organized copies of all filings and service receipts.
- Follow up promptly with the clerk to avoid scheduling delays.
- Consider consulting an attorney if you encounter procedural challenges.