Emma would like to see her Grandmother Ruth’s estate settled quickly in keeping with her grandmother’s wishes. However, probate is a mystery to her – she has never been involved in an estate before. Emma and her family first have to find out who can probate Ruth’s estate.
In General
Probate is the administration of a deceased person’s estate. Administration includes figuring out where their stuff should go and paying any valid claims against the estate. An executor, personal representative, or administrator handles the probate of an estate.
Any of the following people may probate the estate if qualified:
- The personal representative or executor named in the Will,
- Anyone who will receive property through the Will,
- Any person who has a financial interest in the estate, or
- The person who actually has possession of the Will.
The court holds a hearing to determine who is qualified to be the executor or administrator. For example, the person who serves:
- Must be at least 19 years of age.
- Cannot have been convicted of an ‘infamous’ crime.
- Must be competent to serve as executor.
For Ruth’s estate, Emma would like to be in charge. She is 28 years of age, has not been convicted of any crime, and is a competent person. Emma may be qualified to serve as personal representative.
When There Is a Will
Typically, the person who signed the Will (the testator) named an executor and a successor executor. The executor named in the Will is the first choice to serve as executor of the estate. However, if that person is unable or unwilling to serve, the successor executor is usually appointed executor of the estate.
Unfortunately, Ruth did not leave a valid Alabama Will. She had handwritten a Will, but was alone when she signed it. Alabama does not recognize holographic Wills unless the signing is witnessed and attested to by at least two people. In the eyes of the court, Ruth died without a Will (intestate).
When There Is No Will
An estate must be probated even when an individual does not leave a Will spelling out their wishes. After all, their stuff still needs to go somewhere.
Anyone with a financial interest in the estate can ask to be appointed administrator. However, they must do so within 40 days of the testator’s death.
Courts typically name an administrator in the following order of importance:
- Surviving spouse
- Other relatives, like parents, children, or siblings.
- If no living relatives are qualified to serve, the estate’s largest creditor may serve.
- If no Alabama creditors are available, then appointment varies depending on the size of the county in which the decedent lived. Counties with population over 400,000 probate the estate. In smaller counties, though, any willing, qualified person may be appointed administrator.
One important qualification applies when the decedent died intestate: the administrator must be a resident of the state of Alabama.
Ruth died intestate, because her Will was not valid under Alabama law. She was not survived by a spouse or children. Emma and her siblings were the only people eligible to serve as administrator. However, Emma was the only Alabama resident. Chances are good that Emma will be appointed administrator of her grandmother’s estate.
Do You Have Questions About Probate and Estate Administration?
The attorneys at Miller Estate and Elder Law. assist their clients with probate and estate planning. For a free consultation, contact us at 256-251-2137 or use our convenient Contact Form. We have offices in Anniston and Alabama, but also help clients in Gadsden, Hoover, Talladega, Vestavia Hills, and surrounding areas.
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