When Probate Gets Complicated in Alabama: Contested Wills, Missing Heirs, and Other Legal Headaches

As an estate planning attorney here in Alabama, I’ve seen firsthand how the probate process can become unexpectedly complicated. While many estates move through probate without issue, certain situations—like a contested will, missing heirs, or unclear ownership of assets—can quickly turn a routine case into a lengthy and stressful ordeal. Understanding these potential complications can help Alabama families prepare more effectively and avoid costly delays in settling a loved one’s estate.

Contested wills are one of the most common reasons probate becomes contentious in Alabama. A family member who believes they were unfairly left out of the will may file a formal challenge, often citing claims like undue influence, lack of mental capacity, or fraud. Under Alabama law, these challenges must be raised within a specific timeframe and can lead to extended court proceedings. These disputes can divide families and drain estate resources—but many are preventable with proper estate planning and clear communication with beneficiaries.

Another common issue involves missing heirs. Sometimes a named beneficiary has moved out of state, changed contact information, or become estranged from the family. In Alabama, the probate court may require exhaustive efforts to locate missing heirs, which can include placing notices in newspapers and hiring investigators. If the heir still can’t be found, the court may order the inheritance to be held in trust or distributed according to Alabama intestacy laws. These searches can delay the final settlement of the estate by months.

Even more confusion arises when someone dies without a valid will (known as dying intestate). In such cases, Alabama law determines how the estate is distributed, which may not reflect the deceased’s actual wishes. Unclear asset ownership—like jointly held property or unnamed beneficiaries—adds another layer of complexity. The best way to avoid these probate headaches is to work with an experienced Alabama estate planning attorney before issues arise. A well-drafted will, updated beneficiary designations, and a clear plan can save your family time, money, and unnecessary heartache. 

Schedule your appointment to discuss your probate needs today.