Probate is the legal process in Alabama by which decedent’s estate is transferred to his/her heirs or beneficiaries. If the deceased person created a will, then the person is said to have died testate. When this is the case the probate court determines the validity of the Will.
There may have been multiple Wills created (for various reasons) and the courts job is to determine which is the legal one to use according to law. The court will also hear any objections to the Will, makes sure the creditors are paid and assures that the property remaining is distributed according to the terms and conditions of the will.
The Will names the person (or sometimes the institution) that will carry out the wishes of the deceased. This person is call the Executor. The executor is in charge of the probate process and is accountable to the beneficiaries and must perform their duties in a legal and fair manner. It is possible for the court to appoint a new administrator if it feels the executor is not capable. The Executor or administrator is entitled to a fee or commission for doing the work.
A person who dies intestate, has passed on without leaving a will. In this case the court will appoint an administrator to handle the estate. The administrator will then distribute the estate according to state law. This, however only happens once all debts, taxes and administration costs have been paid.
In the state of Alabama probate cases go through the county’s, in which the decedent died, Surrogate court. The Surrogate court will distribute the required legal documents called either Letters of Testamentary for an executor or Letters of Administration for the administrator. Visit the Madison County web site for ifinding out about probate and estate planning. Feel free to read all the articles on this site for free.
Madison County Probate Judge Office
Madison County Courthouse
100 North Side Square, Room 101
Huntsville, AL 35801
Probate Judge, Tommy Ragland 256-532-3330
Chief Clerk, Patty Hanson 256-532-3330
Deputy Chief Clerk, Ann Jones 256-532-3336
Elections, Patty Hanson 256-532-3330
Genealogy Archives, Rhonda Larkin 256-532-2347
Land Redemption 256-532-3334
Marriage License 256-532-3342
Real Estate Records/Research 256-532-3784
Recording, Real Estate, Miscellaneous 256-532-3339
Probate of Estates 256-532-3333
Question People Ask on Alabama Probate Laws
- I’ve recorded a quit claim deed with the probate office in Alabama. Is the property now legally transferred?
- In the State of Alabama when someone dies with will & mortgage is it better to probate or quitclaim deed?
- What is the minimum time for a will to be probated in Alabama?
- Does real estate (in Alabama) have to be probated before it can be sold?
