All Laws Decoded

Letters Testamentary in Alabama

How the Alabama probate court issues letters testamentary or letters of administration, and what you need to apply.

Short answer: 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; Ala. Code §§ 43-8-160, 43-8-161, 43-2-20

Letters testamentaryLetters 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.
Bond is generally not required when the will expressly waives it. Check with the county probate court for its local forms and fees.
Who can be executorA person cannot serve as executor if under 19, convicted of an infamous crime, or unable to do the job because of intemperance, improvidence or lack of understanding. A nonresident named as executor in a will can receive letters on the same bond and terms as a resident; if the will expressly waives bond, bond is generally not required. A nonresident generally cannot be appointed administrator (no will) unless already serving as personal representative of the same estate in another state. With no will, priority goes to the surviving spouse, then next of kin, then the largest Alabama creditor, then others the judge appoints.

More Alabama estate law

FAQ

How do I get letters testamentary in Alabama?
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.
Who can be an executor in Alabama?
A person cannot serve as executor if under 19, convicted of an infamous crime, or unable to do the job because of intemperance, improvidence or lack of understanding. A nonresident named as executor in a will can receive letters on the same bond and terms as a resident; if the will expressly waives bond, bond is generally not required. A nonresident generally cannot be appointed administrator (no will) unless already serving as personal representative of the same estate in another state. With no will, priority goes to the surviving spouse, then next of kin, then the largest Alabama creditor, then others the judge appoints.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.