Alabama probate law

What is the name of your state? Alabama (Butler County)
My grandmother passed away ten yrs. ago. My uncle, as executor, has yet to probate her will. My mother and aunt (elderly and living in the Dakotas) are very upset and suspicious about this but refrain from asking questions for fear of a bigger rift between them. Can you tell me what their legal rights are in this situation and if they need to protect themselves from any future problems this may cause? Certainly, there must be deadline(s) concerning probate. (??) Thank you so much for your help.--Kim

'Bama has a five year time limit for probating a will.

Section 43-8-161
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....

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To figure out what happens after that, they should contact an Alabama estate attorney. Most likely, the will is considered invalid and any assets are distributed under the intestate succession provisions of Alabama law.

If they are not willing to take action "for fear of a bigger rift," they will just have to remain upset and suspicious. If they decide that they want to take action, the best option is to retain an Alabama attorney to open probate. I would have added "..and compel production of the will," but that is probably neither here nor there given the Alabama statute quoted above.

However, if they suffered any damages due to uncle's failure to produce the will, uncle could be liable to them.

Section 43-8-270
Duty of custodian of will after death of testator; liability.
After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure. Any person who wilfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to the penalty for contempt of court.

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Your response

anteater, I want to thank you on behalf of myself, mother, and aunt, for your reply to my question. I've passed the information on and what they choose to do with it is up to them. Thank so much. We sincerely appreciate your help. --Kim