Q: We live in Alabama.My mother died in 2003. She has a will leaving her estate to me and my 4 siblings. I am executrix

A: Your first problem is Section 43-8-161 of the Code of the Alabama, which provides:

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator.

This does not mean you do not have a solution to your problem. It means that you're going to have to get to that solution in a different way than would have been the case had you probated the will within the five year time limit.

The law of Alabama contains provisions that control who inherits property when the deceased person had no will. It also contains provisions that prescribe how to deal with the fact that an heir has gone missing. It may be that the final result will be the same as it would have been had you probated the will within the five year period. You have not provided enough information to determine whether that is what will happen in your case. The outcome may be different than what the will would have required.

It is highly unlikely that you can sell the property without going through the Probate Court, (in fact, its practically impossible) but please be assured there are procedures that will be able to solve all the problems your post raises. (Please be aware there are other problems with this situation other than the ones you recognize in your post.)

Please take this problem to a competent local probate lawyer. Ask people you know if they know of one. Don't be afraid to take it to more than one, and hire the one you feel most comfortable with.

Your problem IS solvable, but you are going to need a lawyer to guide you through the process.

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