What steps are required to open an estate proceeding when no probate case exists in Alabama? | Alabama Probate | FastCounsel
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What steps are required to open an estate proceeding when no probate case exists in Alabama?

Disclaimer: This article is for informational purposes only and is not legal advice.

Detailed Answer

When a person dies owning property in Alabama and no probate proceeding exists, a party interested in administering the estate must open an original administration. Below are the key steps under Alabama law to start that process.

1. Verify jurisdiction and existing records

  • Confirm the decedent’s county of residence at time of death.
  • Search probate court records to ensure no prior administration case exists.

2. Prepare and file the Petition for Administration

  • Draft the petition including:
    • Decedent’s name, date, and place of death.
    • Heirs and beneficiaries with names and addresses.
    • Estimated value and description of estate assets.
    • Copies of the decedent’s will, if one exists.
  • Attach a certified copy of the death certificate.
  • File the petition with the Probate Court Clerk in the appropriate county.
  • Pay the required filing fee as set by Ala. Code § 43-2-520 (§ 43-2-520).

3. Serve notice to interested parties

  • Provide written notice to heirs, beneficiaries, and anyone named in the will.
  • Publish notice if required by the court to alert unknown creditors.
  • Follow Alabama’s notice requirements under Ala. Code § 43-2-693.

4. Appointment of Personal Representative and Bond

  • The court will review the petition and appoint a personal representative.
  • The appointee must qualify by taking an oath and posting a bond if required (see Ala. Code § 43-2-560).

5. Inventory, Appraisement, and Administration

Once letters of administration issue, the personal representative must:

  • Gather and safeguard estate assets.
  • File an inventory and appraisement within three months per Ala. Code § 43-2-701.
  • Pay valid debts and distribute remaining assets according to the will or Alabama intestacy laws.

Helpful Hints

  • Use the probate clerk’s office website to access local forms and fee schedules.
  • Double-check the estate’s asset list to set a proper bond amount.
  • Track deadlines for notices and inventories to avoid court sanctions.
  • Consider small estate procedures under Chapter 8 for estates valued under $100,000.
  • Seek guidance from a licensed attorney for complex estates or disputes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.