Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation.
Detailed Answer
When you file petitions or accountings in an Alabama probate court, you must serve court orders or citations on all interested parties before the court can act. Below is an overview of how to identify those parties, choose the appropriate service method under Alabama law, and document proof of service to move your probate case forward.
1. Identify Interested Parties
- Spouse, next of kin, and devisees under a will (ALA. CODE § 43-2-81)
- Heirs at law if there is no valid will (ALA. CODE § 43-2-80)
- Creditors entitled to notice (ALA. CODE § 43-2-380)
- Personal representative or administrator
2. Obtain the Court’s Order or Citation
After filing your petition, the judge issues an order or citation specifying the relief sought and deadline to respond.
3. Select a Proper Service Method
Alabama law provides several methods for serving citations in probate matters:
- Personal Service: Delivering the citation in person, typically via the sheriff or a licensed process server (ALA. CODE § 43-2-353).
- Submit a written request for service to the probate clerk.
- The sheriff serves at the party’s residence or business.
- Certified Mail: Mailing the citation by registered or certified mail, return receipt requested.
- This method works if the party’s address is known and within the state.
- Service by Publication: If an interested party cannot be located with reasonable diligence, publish notice once a week for four consecutive weeks in a newspaper of general circulation in the probate county (ALA. CODE § 43-2-357).
- File an affidavit describing efforts to locate the person.
- Attach proof of publication to your service return.
4. File Proof of Service
After serving the citation, you must file a return of service or affidavit of service with the probate court:
- Clerk’s stamp certifying filing date
- Signed sheriff’s return or process server’s affidavit
- Return receipt or publication affidavit, if applicable
5. Move the Case Forward
Once proof of service is on file and any response period has expired, you can request the court to:
- Enter an order approving your account or petition
- Set a hearing date for contested matters
- Distribute estate assets or adjudicate claims
Following these steps ensures you comply with Alabama probate procedures and avoid delays or challenges based on improper service.
Helpful Hints
- Start service early—some methods require weeks to complete.
- Use certified mail with return receipt to track delivery.
- Verify addresses through tax records, voter registration, or utility bills.
- Maintain meticulous copies of all service documents.
- Consult local probate clerk’s office for form requirements.