If the net value of a decedent’s estate is under $34,611,^[7] the estate can avoid the probate process and file a Petition for Summary Distribution (also known as a small estate affidavit).

The probate process must be conducted through the local Probate court at least five days after the decedent’s death.^[8] The personal representative appointed by the testator must file the following forms and documentation:

• Petition for Probate of Will (Sample)
• Original Will – An original copy of the decedent’s will.
• Certified copy of a death certificate – Located at a county health office. A Vital Records Application (ADPH-HS14) form must be completed for the certificate request, which can only be carried out by one of the following individuals:^[9]
  • Parent
  • Spouse
  • Child
  • Sibling
  • Grandchild
  • Legal representative
  • Informant (if mentioned on the death certificate)
• Filing fee – The amount of the fee will depend on the county in which the petition is being filed. (A petitioner can file the Affidavit of Financial Hardship (C-10-CIVIL) if the fee is unaffordable.)
• Next-of-Kin Waiver and Consent (Sample) (optional) – If an heir or beneficiary does not sign this consent form, they will receive notice after the court filing.

Upon filing the Petition for Probate of Will, the personal representative will ask for the issuance of the Letters Testamentary, which grants them the authorization to handle all matters of the testator’s estate. A judge will provide the following documents to the representative:

• Decree Admitting Will to Probate and Record Order Granting Letters Testamentary (Sample)
• Letters Testamentary (Sample)

A probate bond may be required in certain circumstances, typically either when the will requests it or the probate court demands it. The bond acts as an insurance policy to protect the estate and the beneficiaries from being defrauded by the personal representative.

The probate bond must be an amount equal to the value of the estate’s property plus one year’s estimated income.^[10] A common fee amount for a bond is 0.5% of the total amount of the estate; an up-to-date quote can be obtained from the following companies:

1. BondExchange
2. JetSurety
3. SuretyBondProfessionals

After the bond is obtained, a receipt must be attached to the Personal Representative’s Bond Form (Sample) and filed with the probate court.

In order to allow parties to make a claim against the estate, the representative must make it known that they have been appointed to their position. They must complete the Notice of Appointment of Personal Representative (Sample) and do the following:

• Creditors. Send a copy to every “known or reasonably ascertainable” individual and entity that has a claim against the testator within six months of receiving the Letters Testamentary.^[11]
• Publication. Publish the notice once a week for three weeks in a newspaper that is distributed within the county where the petition was filed within 30 days of the Letters Testamentary being granted.^[12]

The following parties must also be notified that a petition was filed:

• Alabama Medicaid Agency – (File Online or complete and mail the Notice of Probate).^[13]

Any claims on the estate must be filed within six months of the notice being sent. The personal representative can check the claims docket at the court where they filed the petition to see if any claims have been filed.^[14]

The personal representative is in charge of identifying and taking control over all the estate’s property (real, personal, bank accounts, safe deposit boxes, etc.), claiming benefits, and handling debts, taxes, and expenses.

The court gives the representative two months from their appointment date to enter all assets into the Estate Inventory List.^[15] After completion, the form must be notarized and filed with the probate court.

All bequests, as well as any claims made on the estate, must be paid out before the court hearing for the final settlement is ordered.

Six months after the Letters Testamentary were granted, the personal representative can request a final settlement from the court.^[16] The representative should file one of the following types of settlement petitions:

Option 1: Petition for Final Settlement by Consent (Sample) – Used when all heirs consent to the division of the estate. A Consent to Final Settlement (Sample) form must be signed and notarized by each beneficiary and filed with the petition.

Option 2: Petition for Final Settlement (Sample) – Used when all beneficiaries do not consent to the division of the estate.

If everyone consents to the final settlement, the assets will be distributed accordingly and the court will close the matter without the need for a hearing. If not everyone consents to the settlement, a hearing date will be set (see steps 7 and 8).

Before the final hearing, any interested parties must be notified that the Petition for Final Settlement was filed.

• Notice of Hearing on Final Settlement (Sample) – This notice, which is signed by the judge, must be published in a newspaper for three consecutive weeks.
• Notice of Petition for Final Settlement (Sample) – A judge will provide this signed document to be sent to all heirs-at-law, next of kin, and beneficiaries of the will.

A court hearing will be held when the parties do not agree on the distribution of assets, which leads to the court making the ruling on their behalf. The assets are distributed according to the judge and the personal representative will file the necessary reports and documentation confirming that the court ruling has been fulfilled.