Probate | Alabama
Colvin & Sawyer Law Offices is here to help you navigate legal challenges with confidence. Planning for tomorrow. Protecting what matters today.
- Mail:4 Office Park Circle
Suite 305
Mountain Brook, AL 35223 - Call:(205) 202-9801
- Email:christopher@colvinlawgroup.com
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."
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.
Core Duties of an Alabama Personal Representative
1
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.
2
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. This starts Alabama's six-month creditor claim period.
3
Inventory and Appraise Assets
Identify, gather, and prepare a complete inventory of all estate assets and file the inventory with the court within the required timeframe.
4
Pay Valid Debts in the Correct Order
Alabama law establishes a priority order for paying estate debts. Paying in the wrong order can result in personal liability. This is one of the most important reasons to work with an attorney.
5
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.
6
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.
Serving as personal representative in Alabama and need guidance?
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.Personal Liability: What Personal Representatives Must Understand
An Alabama personal representative owes a fiduciary duty to the estate and its beneficiaries. Common liability risks include distributing assets before creditor claims are resolved, paying creditors in the wrong priority order, and failing to file required tax returns on time. See: Do I Need a Probate Attorney in Alabama?
Personal Representative Compensation in Alabama
Alabama law allows a personal representative to receive compensation of up to 2.5% of the gross estate value. Many family members choose to waive this compensation — but it is legally available if you choose to accept it.
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.
Christopher Colvin
Christopher Colvin is an Alabama probate attorney and honor graduate of the Birmingham School of Law. He represents personal representatives and heirs across Birmingham, Mountain Brook, Hoover, and all of Alabama through every stage of the probate process.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Alabama laws are subject to change. Please consult a qualified Alabama attorney before taking action. Reading this article does not create an attorney-client relationship with Colvin & Sawyer Law Offices.
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.