Legal Question in Wills and Trusts in Alabama

Re: Do we have to probate my mother's will?

In Alabama, a will should be probated within five years of the testator's death in order to be effective. You could choose to not probate the will, but the property would pass to your mother's heirs via intestate succession (state law). Questions I would have are: who are the heirs? what does the will state? is a time-share real or personal property? How would you transfer the property to you or your nephew when it is in your mother's name? The most efficient way to handle this would be to probate the will so that no questions will be raised.