Detailed answer — What heirs can do when an administrator won’t act

Under Alabama law, the person appointed to handle an estate (often called a personal representative, executor, or administrator) has a court-created duty to locate estate assets, protect them, file required inventories and accountings, pay valid debts and taxes, and distribute the remainder to heirs or beneficiaries according to the will or intestacy rules. These duties arise from the Alabama Probate Code (Title 43 of the Alabama Code) and the orders of the probate court. If the administrator becomes unresponsive or refuses to distribute assets, heirs have several civil and sometimes criminal options to force action.

1) Start with communication and documentation

Make a clear written request to the administrator asking for an update, the estate inventory, and a proposed distribution plan. Keep copies of all emails, letters, certified mail receipts, and notes of phone conversations. Courts and attorneys rely on documentation to show attempts at informal resolution.

2) Demand an accounting and inventory from the probate court

Alabama law requires personal representatives to file inventories and (when called for) accountings with the probate court. If an administrator will not provide an informal accounting, heirs may file a petition in the probate court asking the judge to order the administrator to file a formal inventory and accounting and to explain delays. The probate court has authority to compel filings and to review an administrator’s handling of estate property (see Alabama Code, Title 43).

3) Ask the court to compel distribution or turnover of specific assets

If assets are ready to distribute but the administrator refuses, heirs can petition the probate court for an order directing turnover or distribution. The petition should explain why distribution is proper (debts paid or satisfied, beneficiaries identified) and request a specific court order to transfer assets to heirs or to a successor fiduciary.

4) Move to remove the administrator

An heir may petition the probate court to remove an administrator for failing to perform duties, being unfit, neglect, mismanagement, conflict of interest, refusal to obey court orders, or other cause. If the court removes the administrator, it may appoint a successor personal representative or a special administrator to finish the estate administration.

5) Seek surcharge, damages, or contempt for misconduct

If the administrator has misused, wasted, or converted estate assets, the court can order surcharges (money judgments) against the administrator to reimburse the estate. Where an administrator disobeys court orders (for example, an order to deliver assets or file an accounting), the court can hold the administrator in contempt, which can include fines or other sanctions.

6) Ask the court to require or increase a fiduciary bond

When an administrator is suspected of negligence or wrongdoing, heirs can ask the probate court to require a bond or increase an existing bond to protect the estate from losses caused by the administrator’s behavior.

7) Request appointment of a special administrator or successor

Where immediate action is needed or the current administrator is incapacitated or unwilling to act, the court can appoint a temporary or special administrator to preserve assets and complete tasks such as selling property or distributing cash. The court can also remove the original administrator and appoint a permanent successor.

8) Consider criminal referral if there is theft or fraud

If the administrator has converted assets, stolen funds, or committed fraud, heirs may report the conduct to local law enforcement or the district attorney. Criminal prosecution is separate from civil remedies and may lead to restitution, fines, or imprisonment in appropriate cases.

9) Timing and statute of limitations

Delays can create complicated problems (unknown creditors, changed asset values). While some statutes of limitation apply to torts or conversion claims, probate courts retain equitable power to compel accountings and remove fiduciaries even after delays. Prompt action preserves evidence and remedies.

10) Costs and attorney’s fees

Petitions to the probate court typically require filing fees and, if you hire an attorney, legal fees. In some cases the court may allow the estate to pay reasonable attorney’s fees for actions necessary to protect the estate, or the court may award fees against an administrator who improperly withheld assets. Discuss fee exposure and recovery with a probate attorney.

Where to file and local procedure

Actions are filed in the probate court that opened the estate (usually in the county where the decedent lived). The probate clerk can explain local filing requirements and forms, but the clerk cannot give legal advice. For general statutory authority see the Alabama Probate Code (Title 43): Alabama Legislature — Code of Alabama (Title 43, Probate Code). For local probate court information use the Alabama Judicial System resources: Alabama Judicial System.

When you should hire a probate attorney

If the administrator is unresponsive, is refusing to distribute assets, or you suspect mismanagement or theft, consult a probate attorney. An attorney can prepare and file petitions, represent heirs at hearings, request emergency relief, and coordinate criminal referrals if needed. Complex estates, disputes among multiple heirs, and allegations of wrongdoing generally benefit from professional legal help.

Helpful hints — Practical steps heirs should take right away

• Keep written records: save emails, letters, certified mail receipts, and a log of phone calls with the administrator.
• Obtain estate documents: get a copy of the will, probate filings, letters testamentary or letters of administration, and any inventories already filed with the probate court.
• Check the probate docket: contact the county probate clerk or use the local court website to see what the personal representative has filed.
• Make a written demand: send a clear, dated written demand for an accounting and for distribution of specific assets.
• Gather evidence of mismanagement: bank statements, missing property, unexplained transfers, or personal use of estate funds are important.
• File a petition in probate court if informal demands fail: request an accounting, turnover order, removal, or temporary administrator as appropriate.
• Consider requesting an audit or bond increase if you suspect risk to estate assets.
• Act promptly: delays can make recovery harder and allow estate assets to be dissipated.
• Ask about fee recovery: discuss with an attorney whether estate funds can pay for necessary litigation or whether fees can be assessed against a culpable administrator.
• If theft or fraud is likely, keep evidence intact and consider contacting law enforcement in addition to civil petitions.