Legal Question in Wills and Trusts in Alabama

Re: Wills and Estates

Typically when someone (usually the executor or the executor's attorney) files a court petition to open probate, a notice of the petition to open probate is published in the newspaper. The Will itself is not published. However, a copy of the Will is often attached to the petition for probate when the petition is filed in the courthouse. Therefore, anyone can go down to the courthouse where the probate petition was filed, and look at the Will.

Note that in some instances it is not necessary to file a petition to open up a probate estate, because (for example) there may be no assets that are subject to probate. If that is the case, the typical way to get a copy of the Will is to ask the decedent's attorney or a family member. Some states may give heirs and family members a right to get a copy of the Will after the decedent's death.

Also note that the laws can vary from state to state.

Re: Wills and Estates

No. There is no requirement that a will be published.

There is a requirement that the probate case be "noticed" by publishing the fact that the case has been filed, as follows:

By publishing a notice once a week for three successive weeks in a newspaper of general circulation published in the county in which the letters were granted or, if none is published in the county, in the one published nearest to the courthouse thereof or in an adjoining county.

That may be what you are thinking about.

William G. Nolan

www.nolanelderlaw.com