How to Become Executor of an Estate in Alabama: Step-by-Step

Being named executor in a loved one's will is an honor — and an immediate source of practical questions. What do you actually have to do? Where do you go first? What documents do you need? Critically: you cannot touch a single estate asset until the Alabama probate court formally appoints you and issues your legal authority to act.

At Colvin & Sawyer Law Offices, we guide executors and administrators across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and throughout Alabama through every stage of the probate process — beginning with that very first court filing.

Step 1: Locate the Original Will

Alabama probate courts require the original will — a photocopy is not sufficient. The original is typically kept in a fireproof safe, with the deceased's attorney, or in a safe deposit box. Alabama law allows the named executor to access a safe deposit box for the limited purpose of retrieving the will even before formal appointment.

Step 2: File the Petition to Open the Estate

File a petition with the probate court in the county where the deceased lived. For most Birmingham-area families this is Jefferson County Probate Court or Shelby County Probate Court.

Step 3: Present the Will for Probate

The original will must be presented to the court along with the petition. The court reviews the will to confirm it meets Alabama's legal requirements. If the will is self-proved (signed before a notary), the process is typically faster.

Step 4: Receive Letters Testamentary

Once the court approves your petition and admits the will, it issues Letters Testamentary — the document that gives you legal authority to act on behalf of the estate. Get multiple certified copies — you will need them for banks, financial institutions, and government agencies.

Step 5: Open an Estate Bank Account

Open a separate bank account in the name of the estate. All estate funds should flow through this account. Commingling estate funds with personal funds is a serious fiduciary breach.

Step 6: Notify Creditors and Begin Administration

Publish the required creditor notice, notify known creditors, prepare the estate inventory, and begin administration. From this point, your duties as described in: What Is a Personal Representative in Alabama?

What If There Is No Will?

When someone dies without a will in Alabama, the court appoints an administrator and issues Letters of Administration. Alabama's intestate succession laws determine who has priority — typically the surviving spouse first, then adult children. The authority and duties are the same as an executor. See: Alabama Intestate Succession.