Probate Estate Closing and Representative Discharge in Alabama
At a glance
| Closing routes and prerequisites | Final settlement after six months from letters if debts paid and estate otherwise permits; consent settlement available on verified petition under specified conditions (§§ 43-2-501, -506). |
|---|---|
| Who may start or compel closing | Executor or administrator files; court can compel settlement by citation and, after default, attachment or court-stated account (§§ 43-2-502, -530). |
| Final filing and contents | Sworn account of estate assets received (excluding land), lawful credits, heirs/legatees and any personal use of funds, with supporting written evidence (§ 43-2-502). |
| Final account and support | Court audits account; representative proves each credit by affidavit, oral testimony or other legal evidence; satisfactory vouchers support later liability discharge (§§ 43-2-502, -507, -628). |
| Distribution or delivery | Solvent-estate distribution possible after six months but before final settlement does not defend later claims; discharge needs proof of court-ordered delivery and payment (§§ 43-2-640, -628). |
| Notice and objections | Final settlement: three weeks of publication or posting if no county newspaper, plus 10 days’ notice to known in-state adult distributees and bond sureties; qualifying consent settlement dispenses with notice (§§ 43-2-505–506). |
| Hearing and order | Court sets settlement day, audits credits, hears interested-person contests and enters recorded decree passing account; consent settlement needs court approval (§§ 43-2-505–507, -511, -516). |
| Closing effect and discharge | Account decree states and passes account; separate judgment or decree discharges representative from liability after full administration, payment and delivery proved (§§ 43-2-516, -628). |
| Bond, liability, later administration | Failure to file required statement exposes representative and sureties to damages; later unadministered personal estate may require bonded administrator (§§ 43-2-503, -274). |
Requirements one by one
Settlement and account
A final settlement may be made after six months from the grant of letters if debts are paid and the estate's condition otherwise permits it. The representative's sworn account charges assets received other than land and lists lawful credits. The representative files supporting written evidence, identifies heirs and legatees, and states whether estate funds were used personally. (Ala. Code § 43-2-501; § 43-2-502.)
On the appointed settlement day, the court audits the account. The executor or administrator must prove each credit with an affidavit, oral testimony or other legal evidence. An interested person may contest an item; after auditing, the court states the account and enters a recorded decree. (Ala. Code § 43-2-507; § 43-2-511; § 43-2-516.)
Notice and the consent route
For a final settlement, the probate judge gives three successive weeks of newspaper notice, or posts it for the same period if the county has no newspaper. The judge also gives 10 days' notice to known resident adult distributees and bond sureties. The court appoints a guardian ad litem for interested minors and persons of unsound mind. A qualifying verified consent petition permits court approval without notice, publication or posting when the statutory consents and proof of paid legal charges are supplied. (Ala. Code § 43-2-504; § 43-2-505; § 43-2-506.)
Delivery and discharge
A solvent estate may distribute assets after six months, but distribution before final settlement does not by itself defend a later action against the representative. To discharge the executor or administrator from liability, the court must be shown satisfactory vouchers for payment of sums due, delivery of estate property under court order and performance of all lawful duties. The court then enters the discharge judgment or decree. (Ala. Code § 43-2-640; § 43-2-628.)
What trips people up
The settlement account decree and the discharge decree answer different questions. The court's account decree passes the audited account under § 43-2-516; § 43-2-628 calls for proof of full administration, payment and delivery before liability discharge. (Ala. Code § 43-2-516; § 43-2-628.)
Common questions
What if the representative will not settle? A citation can require accounts and vouchers. After a default, the court may compel filing by attachment or state the account from available information. (Ala. Code § 43-2-530.)
What if the required heirs-and-legatees statement is omitted? The representative and sureties are liable for resulting damages. (Ala. Code § 43-2-503.)
What if personal property still needs administration after final settlement? The probate judge must appoint a suitable bonded administrator for the unadministered personal estate. (Ala. Code § 43-2-274.)
Statutes and sources
The cited sections of the current Alabama Code were checked on October 4, 2026. Each citation above links to its section in the official code.
Source links
Every statute quoted above, linked, with the date we checked it.
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