Alabama Probate Law

Introduction

In Alabama, letters testamentary are issued by the probate court to authorize an executor named in a will to manage and distribute the deceased person’s estate. This blog post explains the eligibility criteria and procedures for obtaining letters testamentary in Alabama.

What are Letters Testamentary?

Letters testamentary are legal documents issued by the probate court that give an executor the authority to act on behalf of the deceased person’s estate. These letters are essential for the executor to perform tasks such as accessing bank accounts, paying debts, and distributing assets.

1. Named in the Will: The individual must be named as an executor in the deceased person’s will.
2. Fit to Serve: The executor must be deemed fit to serve, which means they are over the age of 19, have not been convicted of an infamous crime, and are competent to perform the duties of an executor.
3. Resident Status: While nonresidents can be appointed, they must already be serving as an executor or administrator of the same estate in another jurisdiction and be duly qualified under those laws.

Procedure for Obtaining Letters Testamentary

1. Submit the Will for Probate: The first step is to submit the deceased person’s will to the probate court in the county where they lived. The court will review the will to ensure it is valid.
2. File a Petition: The named executor must file a petition with the probate court requesting the issuance of letters testamentary. The petition should include information about the deceased, the executor, and a statement that the executor is willing and able to serve.
3. Notice to Interested Parties: The court may require notice to be given to all interested parties, such as heirs and beneficiaries, informing them of the petition for letters testamentary.
4. Court Hearing: A court hearing may be held to review the petition and any objections from interested parties. If the court finds the will valid and the executor fit to serve, it will issue letters testamentary.
5. Issuance of Letters Testamentary: Upon approval, the court will issue letters testamentary, formally appointing the executor and granting them the authority to manage the estate.

Conclusion

Obtaining letters testamentary is a crucial step in the administration of an estate in Alabama. It ensures that the executor has the legal authority to manage the estate’s affairs. Understanding the eligibility criteria and procedures can help executors navigate the probate process more smoothly. For personalized guidance, consulting with a probate attorney is recommended.