Which court or county office handles estate administration and unclaimed property claims in Alabama?

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

1. Estate Administration in Alabama

In Alabama, the Probate Court in the county where the decedent lived or owned real property handles estate administration. Probate judges oversee the distribution of assets, appointment of personal representatives (executors or administrators), and resolution of creditor claims.

Key points:

• The Personal Representative must file a petition for probate in the county Probate Court.
• Probate procedures are governed by the Alabama Probate Code, Title 43 of the Alabama Code. See Ala. Code Title 43.
• Most counties have a standalone Probate Court; in smaller counties, the Probate Judge sits in the Circuit Court.
• Typical filings include the will (if any), a death certificate, and bond forms (when required).

How to initiate estate administration

1. Locate the decedent’s last will and original death certificate.
2. Contact the county Probate Court clerk to obtain required forms and filing fees.
3. File the petition, will (if available), and death certificate.
   • The clerk will assign a case number and schedule any required hearings.
4. Notify heirs, beneficiaries, and known creditors as required by Ala. Code § 43-2-550.
5. Obtain Letters of Administration or Letters Testamentary to manage estate assets.

2. Unclaimed Property Claims in Alabama

The Alabama State Treasurer’s Unclaimed Property Division safeguards unclaimed financial assets until the rightful owner or heirs claim them. Common items include forgotten bank accounts, utility deposits, and uncashed checks.

Key points:

• Claims are governed by the Alabama Uniform Disposition of Unclaimed Property Act, Ala. Code § 36-9-1 et seq. See Ala. Code § 36-9.
• Submit a claim form and proof of identity online or by mail through the Treasurer’s website: treasury.alabama.gov/unclaimed-property.
• No filing fee is required for individual claims.
• Heirs may file if the owner is deceased, providing a death certificate and proof of heirship.

How to file an unclaimed property claim

1. Search the database at the Unclaimed Property Division’s website.
2. Gather required documents: government-issued ID, Social Security number, and proof of address.
3. Complete and submit the claim form online or print and mail it with supporting documents.
4. Monitor claim status through the Treasury’s portal.

Helpful Hints

• Begin probate in the correct county to avoid delays.
• Keep a detailed inventory of estate assets and valuations.
• Notify potential creditors and beneficiaries promptly.
• Check unclaimed property databases for both individual and business names.
• Follow up regularly on unclaimed property claims; processing can take weeks.
• If you hit a roadblock, consider consulting a probate or estate attorney.