Detailed Answer
Beginning estate administration in Alabama requires gathering key documents and certificates. Collecting these items early ensures a smoother probate process. Below is an overview of essential materials and their legal basis.
1. Certified Death Certificate
Obtain multiple certified copies of the decedent’s death certificate from the county health department. Alabama law requires a certified certificate to prove death when dealing with banks, insurers, and government agencies. See Ala. Code § 22-11-8 (link).
2. Last Will and Testament
If the decedent left a will, secure the original document. It sets out the decedent’s wishes and names the personal representative.
3. Letters of Administration or Letters Testamentary
File the will (if any) and a petition with the probate court to appoint the personal representative. Once approved, the court issues Letters Testamentary (when a will exists) or Letters of Administration (if there is no will). These letters grant authority to manage estate assets. Refer to Ala. Code § 43-2-240 (link).
4. Inventory of Assets
Create a detailed list of all assets, including real property, bank and investment accounts, retirement plans, life insurance policies, vehicles, and personal items. Include account numbers, balances, and locations.
5. Financial Records and Titles
Gather account statements, deeds, vehicle titles, mortgage documents, and business formation papers. These documents prove ownership and value.
6. Insurance Policies and Contracts
Collect life, homeowner’s, auto, and business insurance policies. Also locate any prepaid funeral or burial contracts.
7. Tax Returns and Identification
Retrieve the most recent federal and state income tax returns, property tax receipts, Social Security statements, and identification documents for the decedent and beneficiaries.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult an Alabama probate attorney to address your specific situation.
Helpful Hints
- Order 5–10 certified death certificates; agencies often require originals.
- Keep originals in a secure place; share certified copies only when needed.
- Label and organize documents chronologically or by asset type.
- Check for a safe deposit box and request co-representation if needed.
- Maintain a log of contacts with banks, insurers, and court filings.