Legal Question in Wills and Trusts in Alabama

Re: probate

In Jefferson County only an attorney can file a petition for letters testamentary and a petition for the probate of a will. I can't speak for other counties but my understanding is that only attorneys can handle the administration of probate estates.

Let me know if I can help you with anything more.

Re: probate

Depending upon the county of residence of the deceased, as a general rule yes. Most Probate offices are very helpful to the general public in such regards. However, I would only recommend such lay person handling of the estate if all family members are in agreement you/they are the right person to devote time to this responsibility. The Executor or Administrator (depending upon where the deceased left a valid Will or not), is a fiduciary position with great responsibility, and yes, personal liability if the tasks are not carried out in a proper manner. I would suggest you at least speak with a local attorney in the county of residence of the deceased and inquire further before moving forward "on your own" Good luck and let us know if we can be of further assistance, and have a blessed week! Chip