Who Can Probate a Will in the State of Alabama?
- The person who probates a will initiates the court proceedings necessary to carry out the wishes of the decedent expressed in that document.
- Technically speaking under Alabama law, the decedent "nominated" an executor. The person nominated as executor oversees the affairs of her estate, and becomes legally able to probate a will in Alabama.
- The individuals named in the will to receive property are heirs. Heirs can seek probate of the will because of their vested interest in the estate. According to Alabama law they have "standing," which pertains to their legal right to initiate some sort of judicial proceeding, including the probate of a will.
- Other family members, closely related to the decedent, can probate a will even if they are not named in the document.
- Pursuant to Alabama law, an individual who physically possesses a will usually has authority to submit it to the court for probate. Such a person can have standing even if not originally named as the executor. In some instances a person may entrust a will to a friend with the express directive to probate it after they have died.
- A person in possession of a will or who otherwise maintains an interest in it must present the document to probate court in a timely manner. However, Alabama law does permit up to five years from the date of death for the filing of a will in probate.
Function
Executor
Heirs
Other Family Members
Individual with Possession
Time Frame
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