Executor Duties in Alabama

The personal representative must give notice of appointment to creditors: actual notice to known creditors as soon as practicable, and published notice within 30 days after letters are granted. Claims must be filed within six months after letters or five months after first publication, whichever is later. The representative files a sworn inventory listing each item of property and all debts owed to the decedent. Final settlement may be made any time after six months from the grant of letters if debts are paid; the representative files a verified account with supporting evidence and a sworn list of heirs and beneficiaries. A will may excuse the inventory, reports and final settlement unless an interested person shows their interest is endangered or the judge finds the estate may be wasted.

Letters are issued by the judge of probate of the county probate court. After a will is admitted to probate, the judge may issue letters testamentary to the executors named in the will if they are fit to serve; if there is no will (or no executor serves), the court issues letters of administration. Any executor, beneficiary, interested person, or person holding the will may petition to have the will proved. A will must be offered for probate within five years after death. Typical filings are the original will, a death certificate, the petition, and any bond the court requires.

Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred.