Probate is the legal process of opening an estate after someone passes away. In Alabama, opening probate involves filing the necessary paperwork in the probate court, appointing a personal representative (sometimes called an executor or administrator), and notifying heirs and creditors.

For wrongful death cases, opening probate allows someone—usually a close family member—to become legally authorized to pursue the claim. Without that authority, no lawsuit can be filed, no matter how strong the evidence or how serious the wrongdoing. We help families:

• File petitions to open an estate in the correct county
• Identify the right person to serve as personal representative
• Handle all required notices and documentation
• Work with personal injury lawyers to move the wrongful death claim forward

We do all this while being sensitive to the emotional and logistical challenges of your situation.

Alabama law is also unique in how it handles damages. In most states, families can recover compensation for medical bills, lost wages, funeral expenses, and emotional suffering. In Alabama, however, wrongful death damages are punitive—they are meant to punish the wrongdoer, not compensate the family. That may sound harsh, but there’s a flip side: when the case is strong, damages can be significant, and they pass directly to the heirs, not the estate. That means:

• The damages are not subject to estate debts
• The money goes to the deceased’s legal heirs according to Alabama law
• Creditors of the estate generally cannot touch the wrongful death recovery

This setup underscores why probate is crucial: someone has to step forward and open the estate to unlock this avenue to justice.

Only the personal representative of the estate can file a wrongful death lawsuit in Alabama. If the deceased had a will, that document typically names the personal representative. If not, the probate court will appoint someone—usually a surviving spouse, adult child, or parent.

Once appointed, the personal representative works with legal counsel (including us and our personal injury partners) to evaluate and pursue the claim. Who receives the money? Alabama law says that wrongful death damages go to the heirs as if the person had died without a will. Typically, that means:

• Surviving spouse
• Children
• Parents (if there are no spouse or children)

We’ll walk you through what this means for your family and how the proceeds will be divided if a recovery is made.

Because we focus on probate, we get involved at the earliest stage of many different types of fatal incidents. Some of the most common include:

• Car, truck, and motorcycle accidents
• Medical malpractice and hospital errors
• Nursing home neglect or abuse
• Defective products or dangerous drugs
• Workplace accidents or industrial injuries
• Premises liability (slip and falls, negligent security, etc.)

Even if you’re not sure whether your loved one’s death qualifies for a claim, we can help you find out—and we’ll do it with compassion and discretion.

Opening an estate in Alabama involves filing a petition in the probate court for the county where the deceased lived. The process generally includes:

• Filing the petition: asking the court to appoint a personal representative
• Notifying heirs: so they have an opportunity to participate
• Issuing Letters of Administration: giving the representative legal authority

In wrongful death-only estates, this process is often simplified, and administration can be limited. Our firm focuses on making this process fast, efficient, and low-stress for grieving families.

Many families worry that the absence of a will will delay or derail their case. In most cases, it won’t. While a will can simplify certain steps, Alabama’s probate code includes procedures for appointing a personal representative even when there’s no will. We help families navigate this all the time. We’ll make sure:

• Proper family members are notified
• Any necessary consents are gathered
• The court has what it needs to make an appointment

Even in contested situations, we can guide you through the options for resolution so the wrongful death claim doesn’t get stuck.

Our firm focuses on probate, estate administration, and the legal mechanics of wrongful death claims—not the courtroom side. That’s why we partner with a select group of
experienced personal injury attorneys across Alabama. We open the estate and ensure it’s legally sound and strategically prepared for litigation. Our injury partners handle the investigation, litigation, and negotiation. We stay involved throughout the process to ensure proper coordination. This model provides:

• Faster case initiation
• Reduced risk of probate-related delays
• Smoother resolution and distribution of funds

In many cases, families pay nothing out-of-pocket for our probate services. We are typically compensated through a portion of the contingency fee shared with litigation counsel, subject to Alabama’s ethical rules.

In most cases, families pay nothing upfront. We handle the probate process at no cost when we’re working with a trusted injury attorney on the wrongful death case. Legal fees are paid from the eventual recovery — and we only get paid if the case is successful. This allows families to pursue justice without worrying about out-of-pocket costs.