Estates and Wills
What Is a Will?
A Will is a legal document that outlines how a person’s property will be distributed after their death.
If someone dies with a valid Will, they are said to have died testate.
If someone dies without a Will, they are considered to have died intestate — and the estate will be distributed according to Alabama state law.
Who Can Make a Will?
To be considered valid in Alabama, a Will must:
Be in writing
Be signed by the person making the Will (the testator)
Be witnessed by two individuals in accordance with state law
What Happens If I Die Without a Will?
If you die without a Will, the State of Alabama will determine how your property is distributed. This is called intestate succession.
The law typically distributes your property to your closest relatives, starting with your spouse and children.
Do I Need a Lawyer?
While a lawyer is not required, handling an estate can be complex.
The Probate Judge and staff are not allowed to provide legal advice or forms. If you're unsure, it's highly recommended that you consult an attorney.
Steps in the Probate of an Estate
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File a Petition to begin the probate process
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Take immediate control of the estate (as the appointed executor or administrator)
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File an inventory of the estate within 2 months
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Post bond, if required (may be waived if specified in the Will)
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Notify all heirs of the estate
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Letters Testamentary (or Letters of Administration) are issued by the court
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Publish a notice for creditors to file claims
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Claims must be filed within 6 months of the notice
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No distributions can typically be made from the estate until:
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All claims and debts have been paid
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At least six months have passed since the Letters were issued
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Court approval is required for any administrator or executor fees
Will vs. No Will
With a Will
(Testate)
Person named in the Will
(Executor)
The deceased person—
it’s written in the Will
Only if the named executor cannot serve
Not if waived in the Will
Yes – all named heirs and
next of kin
Yes – as long as it’s legal
Yes – friends, charities, anyone
Who handles the
estate?
Who decides who
inherits?
Court appoints a
representative?
Bond required?
Heirs notified?
Can I leave property to
anyone I want?
Can I leave gifts to
non-family?
Without a Will
(Intestate)
Person appointed by the
Probate Court (Administrator)
Alabama state law decides (based on family relationships)
Yes – the court must choose someone
Usually required
Yes – all legal heirs must
be notified
No – state law controls who gets what
No – only family based on state law
Usually much smoother
when the Will is clear
Process timeline?
Can be slower and
more complicated
Judge
Ray Marler
Our office is here to help you with general procedures; however, we are not licensed to practice law.
Only an attorney can give you legal advice about your specific situation.
We appreciate your understanding!
This policy is in place to protect your legal rights.