Alabama § 43-2-697.01 - Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees.
Full text of Alabama Code of Alabama § 43-2-697.01 — Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees., with citation guidance and answers to common questions.
§ 43-2-697.01. Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees.
(a) The Medicaid Agency may petition to open the probate estate of a Medicaid recipient by filing a petition to appoint a third party administrator and issue letters of administration, pursuant to the timing limitations of Section 43-2-43.
(b) The petition shall contain all of the following information:
(1) The date the recipient died.
(2) An explanation of why the petition is filed in the proper court in accordance with Section 43-2-40.
(3) A listing of the recipient’s personal and real property of which the Medicaid Agency is aware.
(4) A listing of the recipient’s debts of which the agency is aware.
(5) A listing of the recipient’s possible heirs, including contact information, if known, of which the agency is aware.
(c) If the Medicaid Agency is not aware of information listed in subsection (b), the agency shall describe each piece of information that it lacks.
(d) If the petition contains the information required in subsection (b), or statements in accordance with subsection (c), the court shall appoint a third party administrator in accordance with Section 43-2-42, and require that administrator to procure a bond in accordance with Article 4 of this chapter. Once the court is satisfied that an appropriate bond has been procured, the court shall issue letters of administration to the administrator.
(e) The administrator shall be compensated in accordance with Section 43-2-848.
(f) When appointing an administrator pursuant to this section, the probate court shall not appoint an employee of the Medicaid Agency as an administrator of the estate of a Medicaid recipient.
(g) The filing fee for the filing of the Medicaid Agency’s petition under this section shall be considered part of the fees and charges of administration and shall be paid back to the agency without the filing of an additional claim.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 43-2-697.01
What does Code of Alabama § 43-2-697.01 cover?
Section 43-2-697.01 ("Petition to Open Probate Estate of Medicaid Recipient; Third-Party Administrator; Fees.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 43-2-697.01?
A common citation format is "Code of Alabama § 43-2-697.01" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 43-2-697.01 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.