top of page

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

  1. File a Petition to begin the probate process

  2. Take immediate control of the estate (as the appointed executor or administrator)

  3. File an inventory of the estate within 2 months

  4. Post bond, if required (may be waived if specified in the Will)

  5. Notify all heirs of the estate

  6. Letters Testamentary (or Letters of Administration) are issued by the court

  7. Publish a notice for creditors to file claims

  8. Claims must be filed within 6 months of the notice

  9. No distributions can typically be made from the estate until:

    • All claims and debts have been paid

    • At least six months have passed since the Letters were issued

  10. 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

Ray Marler Probate Judge Henry County Alabama
  • Facebook
  • Instagram
  • Linkedin

Judge
Ray Marler

 Susie Suarez Horn Chief Clerk Henry County

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.

Henry County Courthouse

101 Court Square
Abbeville, Alabama 36310
Monday-Thursday

7:00 AM-4:30 PM

Henry County Alabama
Herndon Building

102 N. Court Square
Abbeville, Alabama 36310

Monday-Thursday

7:00 AM-4:30 PM

Code Red Alabama
bottom of page