Guides
Alabama probate articles
- Alabama Classifies Embryos as Children for Wrongful Death Act Purposes
2024-02-19
Alabama, like many states, has a statute providing for civil recovery for the death of a minor. In Alabama, that statute is the Alabama Wrongful Death of a Minor Act , located at Section 6-5-391 of the Alabama Code. In LePage v. the Ctr. fo…
- Alabama Probate Court Has No Jurisdiction To Alter Circuit Court Judgment
2020-03-30
In the March 2020 opinion of Ex parte Huntingdon College , the Alabama Supreme Court directed an Alabama probate court to vacate an order that nullified a circuit court judgment on the basis that the probate court lacked jurisdiction. The F…
- Alabama Supreme Court: Administrator Allowed To Sell Estate Real Property
2020-07-23
When a decedent dies intestate in Alabama, an administrator of the estate is permitted to sell estate real property if needed for payment of debts of the estate or costs and expenses of administration. In Brown v. Berry-Pratt , the Alabama …
- Alabama Supreme Court: Alabama Circuit Court Lacks Subject Matter Jurisdiction Over Claims Against Georgia Executor
2020-06-29
The Alabama Supreme Court, in Ex Parte Nancy T. Beamon , addressed the issue of subject matter jurisdiction in an Alabama court over an executor of an estate pending in another state. The Alabama Supreme Court determined that an Alabama cir…
- Alabama Supreme Court: Failure to Record Marriage Document Before Death Does Not Invalidate Marriage
2021-12-13
In Porter v. Estate of Porter , a December 10, 2021 opinion from the Alabama Supreme Court, the court determined whether the death of a party to a marriage, after a marriage document is executed but before the marriage document is recorded …
- Alabama Supreme Court: How To Prove Proper Execution Of a Will
2020-12-03
In the November 2020 opinion of McElroy v. Estate of McElroy , the Alabama Supreme Court reviewed the basics of how to make a valid will, and how to prove the proper execution of a will that is not-self proving. In this case, the will conte…
- Alabama Supreme Court Rejects Probate of Lost Will
2020-01-22
Beneficiaries of lost wills can attempt to probate a lost will if the requirements of state law are met. In January of 2020, the Alabama Supreme Court amplified the rules for probating a lost will in Alabama. In Taylor v. Hoehn , No. 118037…
- Surviving Spouse Rights Alabama
2019-09-19
Surviving Spouse rights in Alabama (also known as widow's rights) include: Intestate Share Elective Share Homestead Allowance Exempt Property Family Allowance Pretermitted Spouse What Are Surviving Spouse Rights in Alabama If There Is No Wi…
- The Alabama Supreme Court On Proving The Existence and Terms Of an Oral Trust
2020-10-27
In Ledbetter v. Ledbetter , a sibling dispute over the existence of an oral trust, the Alabama Supreme Court reversed a summary judgment finding that the evidence was insufficient to support the existence of an oral trust under Alabama law.…
- Who Are Next Of Kin In Alabama?
2020-09-02
“Next of kin” under Alabama law for purposes of inheritance means those people who are set to inherit from an intestate estate (where the decedent died without a will). For inheritance purposes, “next of kin” are often referred to as “heirs…
- Who Can Make a Will In Alabama?
2020-12-01
Under Alabama law, a person must be at least 18 years old and be of sound mind to make a valid will. See Ala. Code § 43-8-130 . What Is the Standard For Mental Capacity To Make a Will In Alabama? To make a valid will under Alabama law, the …