PETITION FOR LETTERS OF ADMINISTRATION
IN THE PROBATE COURT OF [COUNTY] COUNTY, ALABAMA
TABLE OF CONTENTS
- Caption and Case Information
- Petitioner Information
- Decedent Information
- Basis for Jurisdiction
- Heirs at Law
- Grounds for Administration
- Prayer for Relief
- Verification
- Execution and Certificate of Service
1. CAPTION AND CASE INFORMATION
IN THE MATTER OF THE ESTATE OF:
[DECEDENT FULL LEGAL NAME], Deceased.
Case No.: [____________________________________]
2. PETITIONER INFORMATION
Your Petitioner respectfully represents:
Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Alabama [ZIP CODE]
County of Residence: [COUNTY]
Relationship to Decedent: [RELATIONSHIP]
Age: [____] years Citizenship: [U.S. CITIZEN / RESIDENT ALIEN]
3. DECEDENT INFORMATION
| Field | Detail |
|---|---|
| Full Legal Name | [DECEDENT FULL LEGAL NAME] |
| Date of Birth | [__/__/____] |
| Date of Death | [__/__/____] |
| Age at Death | [____] |
| Place of Death | [CITY], [COUNTY] County, Alabama |
| Last Domicile | [STREET ADDRESS], [CITY], [COUNTY] County, Alabama [ZIP CODE] |
| Social Security No. (last 4) | XXX-XX-[____] |
| Marital Status at Death | ☐ Married ☐ Single ☐ Widowed ☐ Divorced |
4. BASIS FOR JURISDICTION
Petitioner states the following grounds for jurisdiction in this Court:
a. The Decedent died on [__/__/____], which is more than five (5) days prior to the filing of this Petition, as required by Ala. Code § 43-2-40.
b. The Decedent was domiciled in [COUNTY] County, Alabama at the time of death, establishing venue in this Court pursuant to Ala. Code § 43-2-40.
c. The Decedent died intestate (without a valid Last Will and Testament).
d. ☐ After diligent search and inquiry, Petitioner has been unable to locate any will or codicil of the Decedent.
e. ☐ No prior petition for letters testamentary or administration has been filed in this or any other court.
5. HEIRS AT LAW
Petitioner represents that the following are the heirs at law of the Decedent as determined under Alabama's laws of intestate succession (Ala. Code § 43-8-40 et seq.):
| Name | Relationship | Age / Minority Status | Address |
|---|---|---|---|
| [________________________________] | [____________] | ☐ Adult ☐ Minor (age [____]) | [________________________________] |
| [________________________________] | [____________] | ☐ Adult ☐ Minor (age [____]) | [________________________________] |
| [________________________________] | [____________] | ☐ Adult ☐ Minor (age [____]) | [________________________________] |
| [________________________________] | [____________] | ☐ Adult ☐ Minor (age [____]) | [________________________________] |
6. GROUNDS FOR ADMINISTRATION
Petitioner states the following grounds warranting the issuance of Letters of Administration:
a. The Decedent died possessed of property, both real and personal, situated in the State of Alabama, requiring administration.
b. The estimated value of the Decedent's estate is:
| Asset Category | Estimated Value |
|---|---|
| Real Property | $[________________] |
| Personal Property | $[________________] |
| Financial Accounts | $[________________] |
| Other Assets | $[________________] |
| Total Estimated Estate | $[________________] |
c. Petitioner is entitled to serve as Administrator under Ala. Code § 43-2-42 by virtue of being [STATE PRIORITY BASIS — e.g., "the surviving spouse of the Decedent"].
d. Petitioner is over the age of nineteen (19) years, is of sound mind, and is not otherwise disqualified from serving as Administrator under Alabama law.
e. Petitioner is willing to post bond in such amount as the Court shall direct, pursuant to Ala. Code § 43-2-80 et seq.
7. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays this Honorable Court:
a. Accept this Petition for filing and set same for hearing;
b. Determine that the Decedent died intestate and domiciled in [COUNTY] County, Alabama;
c. Determine the heirs at law of the Decedent;
d. Appoint Petitioner as Administrator of the Estate of [DECEDENT FULL LEGAL NAME], Deceased;
e. Issue Letters of Administration to Petitioner upon qualification and posting of bond as required by law;
f. Fix the amount of the Administrator's bond pursuant to Ala. Code § 43-2-80;
g. Grant such other and further relief as this Court deems just and proper.
8. VERIFICATION
STATE OF ALABAMA
COUNTY OF [COUNTY]
Before me, the undersigned authority, personally appeared [PETITIONER FULL LEGAL NAME], who, being first duly sworn, deposes and says that the facts set forth in the foregoing Petition for Letters of Administration are true and correct to the best of Petitioner's knowledge, information, and belief.
Petitioner Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]
Sworn to and subscribed before me this [____] day of [____________], [________].
Notary Public Signature: ______________________________________
My Commission Expires: [__/__/____]
9. CERTIFICATE OF SERVICE
I hereby certify that on the [____] day of [____________], [________], a true and correct copy of the foregoing Petition for Letters of Administration was served upon the following interested parties by:
☐ Personal Service
☐ Certified Mail, Return Receipt Requested
☐ First Class U.S. Mail
☐ Publication (as ordered by the Court)
| Party Served | Address | Method |
|---|---|---|
| [________________________________] | [________________________________] | [____________] |
| [________________________________] | [________________________________] | [____________] |
Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Alabama State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
ATTACHMENTS CHECKLIST:
☐ Certified copy of Death Certificate
☐ Administrator's Bond (Ala. Code § 43-2-80)
☐ Written consents / waivers of interested parties (if applicable)
☐ Proposed Order Granting Letters of Administration
☐ Filing fee payment
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