Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an Alabama probate attorney for guidance specific to your situation.
Unlike North Carolina’s “common” and “solemn” probate forms, Alabama law divides probate into two primary procedures: informal (summary) administration and formal administration. Both procedures settle a decedent’s estate under Chapter 2 of Title 43 of the Alabama Code, but they differ in complexity, court involvement, and timeline.
1. Informal (Summary) Administration
Informal administration—often called summary probate—streamlines small or uncontested estates.
- Eligibility: Total estate assets do not exceed $75,000 in personal property or $100,000 in real property, per Ala. Code § 43-2-610(a).
- Petition: The personal representative files a simple petition and a death certificate, without formal notice to creditors or heirs.
- Court Hearing: The judge may approve the petition ex parte (without a hearing) if documentation is sufficient.
- Administration: The personal representative inventories assets, pays debts up to jurisdictional limits, and distributes property to heirs or beneficiaries.
- Timeline: Informal probate often completes within 2–4 months, barring disputes.
For more on summary administration, see Ala. Code § 43-2-610.
2. Formal Administration
Formal administration suits larger or disputed estates or situations requiring creditor notice.
- Eligibility: No asset-value cap; required if heirs contest, creditors need notice, or other disputes arise.
- Petition & Notice: The personal representative files a formal petition, publishes or mails notice to creditors and known heirs as mandated by Ala. Code § 43-2-621.
- Hearing: The court holds a probate hearing to confirm the will (if any), appoint an executor, and resolve objections.
- Administration: The executor inventories the estate, notifies creditors, pays valid claims, files accounting with the court, and petitions for distribution orders.
- Timeline: Formal probate may take 9–18 months or longer, depending on complexity and any litigation.
For detailed procedures, see Ala. Code § 43-2-640 and notification requirements in Ala. Code § 43-2-621.
Helpful Hints
- Gather death certificate and asset documentation before filing.
- Consult estate planning records—wills, trusts, deeds—for clarity on beneficiaries.
- Use informal probate for small estates to save time and costs.
- Opt for formal administration if you anticipate creditor claims or sibling/heir disputes.
- Keep accurate records of all transactions and communications during probate.
- Hire a probate attorney if you face complex assets (real estate, businesses) or litigation risk.