Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Alabama has a five year limitation to probate a will.
2009 Alabama CodeTitle 43 — WILLS AND DECEDENTS' ESTATES.Chapter 8 — PROBATE CODE.Section 43-8-161 Time limit for probate.
Time limit for probate.
Wills shall not be effective unless filed for probate within five years from the date of the death of the testator. If the testator was not an inhabitant of this state at the time of his or her death, the will may be admitted to probate in this state pursuant to section 43-8-175, provided the will was admitted to probate, within five years from the date of death, in the state, territory or country where the testator resided at the time of death; provided further, that the probate in the state of the will of an inhabitant of another state, territory or country shall not be effective against persons purchasing from the heirs of such testator if such purchase was made more than five years after the death of the testator and prior to February 24, 1959.
Here you can apply to open probate--the laws of intestacy govern.See if you are an heir here..
If you die with:here’s what happens:
It appears you still have an interest here and opening probate protects your claim to your intestate share since the will is too old to be probated.
I appreciate the chance to help you .Please if you have more questions about all of this be happy to follow up.Thanks again.