Detailed Answer
To request estate files from a county probate division in Alabama, you must submit a formal records request to the probate court where the decedent’s estate was administered. Alabama probate courts handle wills, administration of estates, and guardianships under Title 43 of the Code of Alabama. Probate records are public under Ala. Code §12-13-1 (Public Records Act). Below is the essential information you should gather before submitting your request:
- Decedent’s Full Name: Exact spelling as it appears in court filings.
- Date of Death: Month, day, and year of the decedent’s passing.
- County of Administration: The Alabama county where the probate case was filed.
- Probate Case Number: If you have it, include the case or file number from the probate court docket. Not required but speeds up the search.
- Relationship or Purpose: Your connection to the decedent or reason for requesting records (e.g., beneficiary, heir, researcher).
- Contact Information: Your full name, mailing address, phone number, and email address in case the court needs to reach you.
- Proof of Identity: A copy of a government-issued photo ID (driver’s license or passport) if you request certified copies.
- Fees and Payment Method: Courts typically charge per page for copies. Confirm current rates on the county probate court website and include a check or money order payable to the probate judge.
- Request Format: Some counties have a standard form or require a written letter. Check the specific county probate court’s website or contact the clerk’s office.
Once you compile this information, submit your request in person, by mail, or via email (if the court allows). Allow at least one to two weeks for processing. If you need certified copies—often required for title transfers or legal proceedings—request them explicitly and include your notarized signature if requested.
Helpful Hints
- Visit the county probate court’s website for downloadable request forms and fee schedules.
- If you don’t know the probate case number, provide the decedent’s date of death and approximate filing date to help the clerk locate the file.
- Include a self-addressed stamped envelope when mailing your request to expedite the return of records.
- Check Ala. Code §43-2-1 (Probate Court Jurisdiction) to confirm the court’s authority over estate matters.
- Keep a copy of your request and any payment receipts in case you need to follow up.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Laws change often. Consult a qualified attorney or the probate court for advice specific to your situation.