Petition for Probate of Will and for Letters Testamentary

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE PROBATE COURT OF [COUNTY] COUNTY, ALABAMA

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]

Address: [STREET ADDRESS], [CITY], Alabama [ZIP CODE]

County of Residence: [COUNTY]

Telephone: [____________________] Email: [____________________]

Capacity of Petitioner:
☐ Executor nominated in the Decedent's Last Will and Testament
☐ Devisee or legatee named in the Will
☐ Person having custody of the Will
☐ Other interested person: [____________________________________]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____].

b. The Decedent was an inhabitant of [COUNTY] County, Alabama at the time of death. This Court has jurisdiction of the probate of the Will and the granting of letters, and venue is proper in this county, pursuant to Ala. Code § 43-8-162.

c. ☐ The Decedent was not an inhabitant of Alabama at death but left property in [COUNTY] County, Alabama; venue is proper under Ala. Code § 43-8-162.

d. This Petition is filed within five (5) years after the death of the Decedent, as required by Ala. Code § 43-8-161.

e. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____].

f. ☐ The Decedent also executed the following codicil(s): [DESCRIBE CODICIL(S) AND DATE(S), or "None"].

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Decedent's Last Will and Testament, executed on [__/__/____], the original of which ☐ accompanies this Petition / ☐ has been delivered to and lodged with the Clerk of this Court.

b. The Will was executed in writing, signed by the Decedent (or in the Decedent's name by another at the Decedent's direction and in the Decedent's presence), and signed by at least two (2) witnesses, in conformity with Ala. Code § 43-8-131.

c. At the time of execution, the Decedent was eighteen (18) years of age or older and of sound mind, in conformity with Ala. Code § 43-8-130.

d. Self-proving status:

☐ The Will is self-proved under Ala. Code § 43-8-132, containing the sworn acknowledgment of the Decedent and the affidavits of the attesting witnesses before an officer authorized to administer oaths. Compliance with the signature requirements for execution is conclusively presumed, and the Will may be admitted to probate without further proof unless there is proof of fraud or forgery.

☐ The Will is not self-proved. Petitioner will prove the Will by the testimony or affidavit of one or both attesting witnesses, or by such other proof as the Court may require.

e. Attesting witnesses to the Will:

f. ☐ The original Will cannot be located. Petitioner offers a copy and will prove its execution, contents, and non-revocation by the testimony of a witness who read the Will, heard it read, or otherwise remembers its contents.

g. The Will has not been revoked and is, to the best of Petitioner's knowledge, the Decedent's last valid Will.

6. DEVISEES, LEGATEES, AND HEIRS AT LAW ENTITLED TO NOTICE

A. Devisees and legatees under the Will:

B. Heirs at law (those who would take by intestate succession under Ala. Code § 43-8-40 et seq.), entitled to notice of the probate proceeding:

☐ The Decedent was survived by a spouse: [NAME].

7. ESTIMATED VALUE OF THE ESTATE

8. NOMINATION AND PRIORITY OF EXECUTOR

a. The Will nominates [PETITIONER / NOMINATED EXECUTOR NAME] as Executor of the Decedent's estate. Upon admission of the Will to probate, the Court may issue letters testamentary to the person named as executor pursuant to Ala. Code § 43-2-20.

b. Petitioner is not disqualified to serve as executor under Ala. Code § 43-2-22: Petitioner is at least nineteen (19) years of age, of sound mind, has not been convicted of an infamous crime, and is otherwise a fit person to serve.

c. ☐ A person named as executor with prior or equal right has renounced or failed to apply within thirty (30) days after probate; letters may issue to Petitioner under Ala. Code § 43-2-26.

9. BOND

a. Bond is governed by Ala. Code § 43-2-851. The Court must require the personal representative to furnish bond payable to the judge of probate unless the bond is expressly waived by the Will.

☐ The Will expressly exempts the Executor from giving bond. Petitioner requests that no bond be required, except as the Court may order under § 43-2-851(c) (affidavit of endangered interest, or court's own motion to prevent waste).

☐ The Will does not waive bond. Petitioner will furnish bond in the amount of the aggregate capital value of the estate property in Petitioner's control plus one year's estimated income, with sureties as the Court directs. Estimated bond amount: $[________________].

☐ Petitioner requests that the Court accept other collateral (pledge of securities, other assets, or mortgage of land) in lieu of sureties as permitted by § 43-2-851(a).

10. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

a. Set this Petition for hearing if and as required, and order notice to all devisees, legatees, and heirs at law;

b. Admit the Decedent's Last Will and Testament dated [__/__/____] (and any codicil) to probate as the valid Last Will of the Decedent under Ala. Code §§ 43-8-130, 43-8-131, and 43-8-132;

c. Appoint Petitioner as Executor of the estate of the Decedent;

d. Issue Letters Testamentary to Petitioner under Ala. Code §§ 43-2-20 and 43-2-21;

e. Fix or waive bond as provided in Ala. Code § 43-2-851;

f. Grant such other and further relief as the Court deems just and proper.

11. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], being first duly sworn, state that I am the Petitioner in this matter; that I have read the foregoing Petition; and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

Date: [__/__/____]

STATE OF ALABAMA

COUNTY OF [COUNTY]

Sworn to and subscribed before me this [____] day of [____________], 20[____].

______________________________________
Notary Public / Judge of Probate
My commission expires: [__/__/____]

12. CERTIFICATE OF SERVICE / NOTICE

Notice of the filing of this Petition and of any hearing has been or will be given to all devisees, legatees, and heirs at law who have not signed a written waiver of notice and consent. Where any such person has not received notice or signed a waiver, the Court may set the matter for hearing.

Signature: ______________________________________

Printed Name: [PETITIONER / ATTORNEY NAME]

Alabama State Bar No.: [________________] (if attorney)

Address: [________________________________]

Telephone: [____________________] Email: [____________________]

ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil)
☐ Self-proving affidavit (if separate from the Will) — Ala. Code § 43-8-132
☐ Certified copy of Death Certificate
☐ Affidavits of attesting witnesses (if the Will is not self-proved)
☐ Written waivers of notice and consents (from devisees, legatees, and heirs)
☐ Proposed Order admitting the Will to probate
☐ Proposed Letters Testamentary (Ala. Code § 43-2-21)
☐ Bond, or request to waive bond pursuant to will provision (Ala. Code § 43-2-851)
☐ Filing fee
☐ Any county-specific probate-court forms

SOURCES AND REFERENCES

• Ala. Code § 43-8-130 — Who may make a will
• Ala. Code § 43-8-131 — Execution; witnessed wills
• Ala. Code § 43-8-132 — Self-proved will; form and effect
• Ala. Code § 43-8-161 — Will to be probated within five years of death
• Ala. Code § 43-8-162 — Jurisdiction of probate court; venue
• Ala. Code § 43-2-20, § 43-2-21 — Grant and form of letters testamentary
• Ala. Code § 43-2-22 — Disqualification to serve as executor
• Ala. Code § 43-2-26 — Letters on renunciation or failure to apply
• Ala. Code § 43-2-851 — Bond; exemption by will