An Alabama executor — the statute calls the role personal representative — is a fiduciary. The duty runs to the estate and to the people entitled to it, not to whoever is holding the checkbook.
The two obligations that generate the most conflict are simple: keep the beneficiaries informed, and get court approval before doing the things § 43-2-844 says require it — including selling estate property and paying yourself.
The general duty
Alabama’s Probate Procedure Act frames it plainly. Under Ala. Code § 43-2-834, the personal representative “shall proceed expeditiously with the settlement and distribution of a decedent’s estate, and except as otherwise specified by law or ordered by the court, shall do so without adjudication, order, or direction of the court.”
Section 43-2-843 opens the list of powers with the standard: the personal representative acts “prudently for the benefit of the interested persons.” That is the whole job in five words. Not for the benefit of the executor.
Acts that require prior court approval
This is the part executors get wrong most often, and it is the part beneficiaries should know. Ala. Code § 43-2-844 lists what a personal representative may do only after prior court approval:
- Acquire or dispose of an asset, including land in this or another state; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset
- Make ordinary or extraordinary repairs or alterations to buildings, demolish improvements, or erect party walls or buildings
- Subdivide, develop or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; or dedicate easements to public use without consideration
- Enter into a lease as lessor or lessee, with or without option to purchase or renew, for a term of more than one year
- Enter into a lease or arrangement for exploration and removal of minerals or other natural resources, or a pooling or unitization agreement
- Sell, mortgage or lease any real or personal property of the estate, or any interest in it
- Pay compensation of the personal representative
An executor cannot sell the house without a court order. An executor cannot pay themselves without a court order. Those two facts resolve a large share of the family arguments we get called about.
Ala. Code § 43-2-844 (Acts 1993, No. 93-722).Notice duties — to creditors, and in practice to the family
- Publish notice within 30 daysSection 43-2-60 requires notice by publication within 30 days from the grant of letters, and actual notice to a creditor as soon as practicable after the creditor becomes known.
- Run it three weeksSection 43-2-61 requires publication once a week for three successive weeks in a newspaper of general circulation in the county where letters were granted.
- Mail the ones you can identifySection 43-2-61 also requires first-class mail, or another method reasonably calculated to give actual notice, to all creditors known or reasonably ascertainable within six months of the grant of letters.
- Handle claims on the statutory clockClaims must be presented within six months of the grant of letters or five months from first publication, whichever is later (§ 43-2-350). Claims not presented are forever barred. A creditor entitled to actual notice who did not get it has 30 days after notice.
You are the executor and the family is asking questions
Most of these disputes are about process, not bad faith. We advise personal representatives across North Alabama on what has to be filed, what needs court approval, and how to document it.
Bond — the beneficiary’s protection
Under § 43-2-851(a), the court must require the personal representative to furnish bond payable to the judge of probate, conditioned on faithful discharge of the duties. The default amount is the value of the estate property plus one year of estimated income.
A will can waive it by express provision under § 43-2-851(c) — but the waiver is not absolute. Bond must still be required if any person interested in the estate files an affidavit showing that their interest is endangered for want of security, or if the court on its own motion believes the estate is in danger of being wasted. If you are a beneficiary and you are genuinely worried, that affidavit is the mechanism the statute gives you.
What a beneficiary is actually entitled to
| You are entitled to | Basis |
|---|---|
| An estate administered prudently for the benefit of interested persons | § 43-2-843 |
| Expeditious settlement and distribution | § 43-2-834 |
| Court oversight of sales, mortgages, leases over a year, and PR compensation | § 43-2-844 |
| The protection of a bond, or the ability to seek one by affidavit | § 43-2-851 |
| Settlement of the personal representative’s accounts before the probate court | § 12-13-1(b) |
When the executor will not communicate
Silence is the most common complaint and rarely the most serious problem. Usually the executor is overwhelmed, not dishonest. But you are not required to simply wait.
- Ask in writingA short, dated, specific letter or email. Not a phone call. It creates a record and it very often solves the problem by itself.
- Check the court fileThe estate file at the probate court is a public record. You can see what has actually been filed, whether letters issued, whether notice was published, and whether any petitions for sale have gone in.
- Raise bond if security is the worrySection 43-2-851(c) lets an interested person file an affidavit showing their interest is endangered for want of security.
- Ask the court to compel an accountingSettlement of executors’ and administrators’ accounts is squarely within the probate court’s jurisdiction under § 12-13-1(b).
- Seek removal where it is warrantedSection 12-13-1(b) also covers the repeal or revocation of letters. This is a serious step and should be taken with advice, not in anger.
Most Alabama estate fights are not about theft. They are about an executor who did not know that selling the house needed a court order, or who never sent an update, and a family that filled the silence with the worst explanation. Documentation early is cheaper than litigation later — for everyone.
General observation. Whether it fits your estate depends on the facts.Common questions from Alabama executors and beneficiaries
Can an Alabama executor sell the house without telling the beneficiaries?
Under Ala. Code § 43-2-844 a personal representative may sell, mortgage or lease estate real or personal property only after prior court approval. That means a petition to the probate court, not a private decision.
How much does an Alabama executor get paid?
Compensation is allowed, but § 43-2-844 requires prior court approval before the personal representative’s compensation is paid. An executor who simply writes themselves a check has a problem.
Does the executor have to give beneficiaries a copy of the will?
Once a will is admitted to probate it becomes part of the public court file, so any interested person can obtain it from the probate court. Before admission, get advice — practice varies and the answer can depend on who is asking and why.
How long does an executor have to distribute the estate in Alabama?
Section 43-2-834 requires the personal representative to proceed expeditiously, but there is no fixed day count. In practice distribution waits on the creditor claim period under § 43-2-350 — six months from the grant of letters or five months from first publication, whichever is later. A straightforward estate commonly runs six to twelve months.
Can a beneficiary be removed as executor, or an executor removed by beneficiaries?
The probate court has jurisdiction over the repeal or revocation of letters and over controversies about the right of executorship under § 12-13-1(b). Removal is available but it is a contested proceeding and the standard is not simply that the family is unhappy.
What if the executor lives out of state?
It happens often and is workable, but it raises practical questions about bonding, about who deals with the property, and about how quickly filings get done. Get it sorted at the outset rather than six months in.
Whether you are serving or watching, get the process right
We advise personal representatives and beneficiaries in Limestone, Madison, Morgan and the surrounding counties. Most of these problems are fixable early and expensive late.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about estate planning or probate? Email estateplanning@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611