How to Apply for Probate (AL)

AL Application Process

There are several steps you must take to obtain the court's permission to represent and manage an AL estate.

1. Probate Application: In Alabama, if the estate will go through probate, start by submitting a petition to the court: see application details ↧
   • Since there are no state-wide standard forms in AL, you can adapt the Montgomery County Petition for Probate, or the Montgomery County Petition for Letters of Administration if there is no will (more general forms can be found in the Alabama Probate Forms from the University of Alabama).
   • If there is a will, attach it and a notarized Proof of Will: see Montgomery County Proof of Will or use the more general UofA Proof of Will (for details, and other mechanisms of proof, see AL Code § 43-8-167). Note that in AL, if a will is not probated within 5 years of the death, then the estate must be treated as if there were no will (see AL Code § 43-8-161).
   • If there is no will, or the will does not name you as first choice among executors (still living), then attach a Waiver and Consent from anyone with equal or higher priority than you (see UofA Probate Consent Form for an example you can adapt.
   • Attach an official copy of the death certificate.
2. Notice of Probate: In Alabama, if there is a will, and if the estate will go through probate, at least 10 days before the initial hearing you must send a Notice of Probate to anyone who would inherit of there were no will (i.e., heirs-at-law). See AL Code §§ 43-8-164 - 166 for important details.
3. Probate Hearing: The court will hold a hearing to officially consider and approve your application. Often this hearing is just a formality, and you may not need to attend at all.
4. Probate Bond: If required by the court, you must obtain a probate bond to protect the estate from any losses you may cause (up to a certain dollar amount). Requirements for such a bond can depend on jurisdiction, whether there is a will, size of estate, whether you reside in the same state, and other factors. See Probate Bonds for advice on how to potentially avoid the need fo such a bond.
5. Objections: Note that interested parties have the right to legally challenge your application (before your official appointment, or even afterwards).
6. Letters: Once the court approves your application, you will receive your "Letters", which are certified documents you can use to prove your authority to third parties. If you applied for "probate", you will officially be known as the "executor" of the estate. If instead you applied for "administration", you will be known as the "administrator". Many states also use the term "personal representative" to cover both cases, sometimes deprecating the uses of the more precise terms.

If you'd like, friendly and experienced EstateExec personnel can fill out your probate application forms for you: see Probate Form Service. If you just want answers to a few legal questions, you can talk to an experienced lawyer for a surprisingly modest fee – see Have a Question?

Court Location

It can sometimes be difficult to determine which court to use for a given estate. The particular type of court that oversees the probate process varies by state: it may be a dedicated probate court, a circuit court, a superior court, a general county court, or something else.

Note that real property must be probated in the state in which it is physically located, so you may need to go through probate in multiple states.

Next Steps

Once you have been officially appointed and granted your Letters, you can begin the bulk of the estate administration and settlement process, keeping in mind that you now have a fiduciary duty to act in the best interests of the estate.

See our Complete Guide to Estate Settlement in AL for an overview of estate settlement in general, Probate for the court-supervised aspects of estate settlement in particular, and Timeline for an overview of tasks by time period.

If you are using EstateExec, it will automatically generate a list of detailed tasks for you to accomplish, based upon the particulars of your estate.

Additional Information

See also Becoming Estate Executor (i.e., Personal Representative).