When someone passes away in Alabama, their estate does not manage itself. Someone must step in — gathering assets, notifying creditors, paying debts, filing tax returns, and ultimately distributing what remains to heirs. That person is the personal representative. If you have been named as one — or are wondering who to name in your own estate plan — understanding this role fully is essential.
At Colvin & Sawyer Law Offices, we represent personal representatives throughout Alabama and help them navigate their duties, protect themselves from personal liability, and close estates efficiently and correctly.
"Being named personal representative is an honor — and a legal responsibility. Most people don't realize the scope of what they're agreeing to until they're in the middle of it."
Quick answer: An Alabama personal representative is the person the probate court appoints to administer a deceased person's estate. Called an executor when named in a will and an administrator when there is no will, the role carries the same statutory duties either way: secure the assets, notify creditors, file the inventory, pay valid debts in the legal order, handle taxes, and distribute what remains. It is a fiduciary role with real personal liability, and it comes with defined powers and reasonable compensation under Alabama law.
Executor vs. Administrator: What's the Difference?
- Executor: Named in the deceased's will and confirmed by the Alabama probate court.
- Administrator: Appointed by the court when there is no will or the named executor cannot serve. Both roles carry exactly the same legal duties, responsibilities, and liability under Alabama law.
Alabama statutes use "personal representative" to cover both. If you have been named in a will and want the practical step-by-step of getting appointed, see: How to Become Executor of an Estate in Alabama. This page covers the role itself: what the law requires, permits, and pays.
Who Has Priority to Be Appointed When There Is No Will?
When someone dies intestate, Alabama Code Section 43-2-42 sets the order in which the court grants administration: first the surviving husband or widow, then the next of kin entitled to share in the estate, then the largest creditor of the estate residing in Alabama, and then any other person the judge finds suitable. In large counties, including Jefferson County, the county or general administrator sits in the order ahead of other appointees. Letters of administration also cannot issue until at least five days after death. Family members with priority can relinquish it, which is common when siblings agree one of them should serve. See: which Alabama probate court handles the estate.
Core Duties of an Alabama Personal Representative
Petition the Probate Court
File the petition to open the estate with the correct Alabama probate court and receive Letters Testamentary or Letters of Administration — giving you legal authority to act.
Notify Creditors
Publish a notice to creditors in a local Alabama newspaper for the legally required period and provide direct written notice to known creditors. Under Alabama Code Section 43-2-350, claims must generally be presented within six months after letters are granted, or five months after first publication, whichever is later, and creditors entitled to actual notice get 30 days after receiving it.
Inventory and Appraise Assets
Identify and gather the assets, then file an inventory with the court within two months of appointment, listing the property, its fair market value at the date of death, and any encumbrances (Alabama Code Section 43-2-835). A will can expressly excuse the filing unless the court orders it.
Pay Valid Debts in the Correct Order
Alabama Code Section 43-2-371 sets the exact order: (1) funeral expenses, (2) fees and charges of administration, (3) expenses of the last sickness, (4) taxes assessed before death, (5) debts owed to employees for services in the year of death, and (6) all other debts. Within a class, no creditor gets preference, and Medicaid must receive notice and a chance to respond before lower-priority claims or distributions are paid. Paying out of order from an estate that runs short is a classic source of personal liability.
File Required Tax Returns
File the deceased's final individual income tax return and any required estate income tax returns. Failure to file can result in IRS penalties that become the personal representative's responsibility.
Distribute Assets and Close the Estate
After all debts and taxes are paid, distribute remaining assets to heirs. File the final accounting with the court and petition to close the estate and be discharged.
Named executor or personal representative of an Alabama estate?
Call Colvin & Sawyer Law Offices at (205) 202-9801 or send us a message. We represent personal representatives across Birmingham, Mountain Brook, Hoover, and all of Alabama.What Can a Personal Representative Do in Alabama?
Alabama's Probate Procedure Act expects a personal representative to move the estate along without asking the court's permission for every step. Acting prudently for the benefit of the interested persons, a personal representative can generally, without prior court approval: take control of estate assets and open an estate bank account, collect debts owed to the deceased, maintain and insure property, pay valid expenses and claims, hire attorneys, accountants, and appraisers, and continue handling the deceased's contracts (Alabama Code Section 43-2-843).
Some transactions require prior court approval unless the will expressly authorizes them, and the big one is real estate: acquiring or disposing of assets including land, major repairs or demolition, and subdividing or developing property all sit in that category (Alabama Code Section 43-2-844). This is why "can the executor just sell the house?" has the same answer every time: only with authority, from the will or from the court.
Can an Alabama Personal Representative Be Personally Liable?
Yes. A personal representative is a fiduciary, held to the standard of a prudent person dealing with someone else's property (Alabama Code Section 43-2-833). The classic ways representatives create personal liability for themselves: distributing assets before creditor claims are resolved, paying debts in the wrong priority order, mixing estate funds with personal accounts, failing to safeguard or insure property, self-dealing (sales to the representative or their family are voidable unless properly authorized), missing tax filings, favoring one beneficiary, and failing to keep records or account to the court. See: Do I Need a Probate Attorney in Alabama? Our probate administration services are designed to help personal representatives meet the deadlines, document their decisions, and reduce the risk of costly mistakes.
Can a Personal Representative Be Removed?
Yes. The probate court can remove a personal representative for misconduct, mismanagement, failure to perform the duties above, or conflicts that harm the estate, and can hold the removed representative liable for losses. Beneficiaries who see estate funds mingled with personal accounts, property quietly sold, or long silence with no accounting can petition the court to intervene.
Personal Representative Compensation in Alabama
Alabama law entitles a personal representative to reasonable compensation. Under Alabama Code Section 43-2-848, ordinary compensation is capped at 2.5% of the value of property received and under the representative's possession and control, plus 2.5% of disbursements. The court can award less based on the difficulty and results of the administration, and more for extraordinary services. It is not a flat percentage of the gross estate. Compensation is separate from reimbursement of expenses the representative paid personally, and many family members choose to waive compensation entirely, which is a personal choice, not a requirement. For the full cost picture, including attorney fees and court costs: How Much Does Probate Cost in Alabama?
Does a Personal Representative Need an Attorney?
Not legally. But the personal representative, not the heirs, carries the liability for getting the deadlines, notices, debt order, and distributions right, and attorney fees for administering the estate are generally paid from the estate as an administration expense rather than out of the representative's pocket. The more the estate holds (real estate, a business, creditor issues, family friction), the stronger the case for counsel. The honest breakdown: Do I Need a Probate Attorney in Alabama?
Frequently Asked Questions
What is a personal representative in Alabama?
A personal representative is the person appointed by an Alabama probate court to administer a deceased person's estate — gathering assets, notifying creditors, paying valid debts, filing taxes, and distributing remaining assets to heirs.
What is the difference between an executor and an administrator in Alabama?
An executor is named in the deceased's will and confirmed by the court. An administrator is appointed by the court when there is no will or the named executor cannot serve. Both roles carry the same legal duties and responsibilities.
Can a personal representative be held personally liable in Alabama?
Yes. An Alabama personal representative can be held personally liable for breaches of fiduciary duty — including paying the wrong creditors, distributing assets before all debts are settled, or failing to file required tax returns on time.
How do you become a personal representative in Alabama?
File a petition with the probate court in the county where the deceased lived. If a will names you, the court issues Letters Testamentary after admitting the will; without a will, the court grants Letters of Administration following the statutory priority order, which starts with the surviving spouse.
How long does a personal representative have to settle an estate in Alabama?
There is no fixed deadline, but the creditor claim period means estates stay open at least about six months, and the representative must settle and distribute as expeditiously as the estate allows. Simple estates commonly close in six to twelve months; indefinite delay without an accounting is not normal.
Can a personal representative sell estate property in Alabama?
Only with authority. Disposing of estate assets, including real estate, generally requires prior court approval unless the will expressly authorizes the sale. Selling without authority is a classic breach of fiduciary duty.
How much does a personal representative get paid in Alabama?
Reasonable compensation under Alabama Code Section 43-2-848: up to 2.5 percent of the value of property received and under the control of the representative, plus 2.5 percent of disbursements, with court discretion to award less, or more for extraordinary services. It is not a flat percentage of the gross estate.
Can a personal representative be removed in Alabama?
Yes. The probate court can remove a representative for misconduct, mismanagement, or failure to perform statutory duties, and can hold the representative personally liable for resulting losses.
Can a personal representative also inherit from the estate?
Yes, and it is common: a surviving spouse or adult child often serves as representative and inherits. The fiduciary duty still applies in full, so the representative must treat all beneficiaries impartially and cannot favor their own share.
Valerie Sawyer
Valerie A. Sawyer is a dedicated attorney and partner at Colvin & Sawyer Law Offices, focusing her practice on estate planning and probate law. A former special education teacher and Civil Air Patrol Squadron Commander, she represents personal representatives and heirs across Birmingham, Mountain Brook, Hoover, and all of Alabama through every stage of the probate process, and is a passionate advocate for Alabama veterans.
Need Help Serving as Personal Representative?
Christopher Colvin and Valerie Sawyer guide personal representatives across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama through every step of the probate process.
Schedule a Consultation Call (205) 202-98014 Office Park Circle, Suite 305, Mountain Brook, AL 35223
Serving Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama.