What you need
Have the court’s order, your inventory, every bank statement for the period, and a voucher for every payment. A voucher is the canceled check or its image, with the bill or receipt it paid.
Mobile County’s petition states the period and swears you used none of the estate for yourself. It attaches four exhibits:
- A, the account of every receipt and disbursement;
- B, the bank’s certificate of the balance on the closing date;
- C, the ward’s real estate, accounts and CDs;
- D, an itemized invoice for the fees you ask the court to allow.
The example follows Beatrice Holloway, an invented ward whose conservator was appointed 04/14/2025. The court’s order set her first partial settlement at 12 months. It covers 04/14/2025 through 04/13/2026.
Received less disbursed is the balance on hand
The petition’s recapitulation subtracts the disbursements from the funds received. What is left is the balance on hand, split between the checking account and certificates of deposit.
| Funds received | $48,443.51 |
|---|---|
| Disbursements | 29,933.63 |
| Balance on hand, 04/13/2026 | $18,509.88 |
| Checking account balance | 3,509.88 |
| Certificates of deposit | 15,000.00 |
| Balance on hand | $18,509.88 |
Where the figures came from
| Her own checking, closed into yours | $8,214.37 |
|---|---|
| Her own savings, closed into yours | 18,000.00 |
| Social Security, $1,462.00 × 12 | 17,544.00 |
| Pension, $388.50 × 12 | 4,662.00 |
| Checking interest | 23.14 |
| Funds received | $48,443.51 |
| Assisted living, $2,150.00 × 12 | 25,800.00 |
|---|---|
| Supplemental insurance, $186.20 × 12 | 2,234.40 |
| Pharmacy | 1,236.48 |
| Clothing and personal needs | 412.75 |
| Conservator’s bond premium | 250.00 |
| Disbursements | $29,933.63 |
The certificate of deposit
In June her conservator moved $15,000.00 from checking into a 12-month CD. That is not a disbursement. The money is still hers and still on hand, so it appears in the balance as a certificate of deposit.
Checking holds what is left: $48,443.51 received, less $29,933.63 paid out and $15,000.00 moved to the CD, is $3,509.88.
The bank certificate
Exhibit B is the bank’s own statement of the balance on the closing date. It may differ from yours by interest or by checks that have not cleared, and the petition says so.
Beatrice’s bank certified $3,596.28 in checking. Check #1187 to the pharmacy, $86.40, had not cleared. The recapitulation keeps her book balance, $3,509.88.
After you file
The court appoints a guardian ad litem for the ward and sets a day for the settlement. Notice runs three weeks, as the court directs: in a county newspaper, or posted at the courthouse door and three other public places. §26-5-2 (opens in a new tab), §26-5-3 (opens in a new tab)
On that day the court examines the vouchers and states the account. It may also set your fee and your lawyer’s fee up to that date. §26-5-4 (opens in a new tab), §26-5-13 (opens in a new tab)
A decree entered after notice settles what the account shows. It can be reopened before the final settlement only for fraud or mistake. §26-2A-147 (opens in a new tab); §26-5-15 (opens in a new tab)
If the ward receives VA benefits, send the VA a certified copy of every account you file. Ala. Code §26-9-14 (opens in a new tab)
The final settlement
A final settlement is due when your authority ends: the ward dies, comes of age at 19, regains capacity, or marries at 18 or older. It is also due when you resign or are removed. The statute sets no day count, so the court fixes the time. Ala. Code §26-5-7 (opens in a new tab)
It is a full account with vouchers, sworn by affidavit. Notice is served at least 10 days ahead on your successor, the personal representative or the former ward, and on every surety. It is also published or posted, as for a partial settlement. Ala. Code §§26-5-8 (opens in a new tab), -9 (opens in a new tab)
When the ward dies, keep the estate for the personal representative. If the former ward, or the personal representative, signs an acknowledged consent, the court may approve the settlement without notice. Ala. Code §§26-2A-153(e) (opens in a new tab), 26-5-12 (opens in a new tab)
Common mistakes
A payment with no voucher
The court examines every voucher. If it rejects one, the costs of that contest are charged to you personally. §26-5-4 (opens in a new tab)
Waiting the full three years
Three years applies only when the court has not directed otherwise. Read your order for the first date. The court can also call for a settlement at any time it finds the ward’s estate needs one, on 10 days’ notice. §26-5-30 (opens in a new tab)
Sources
- Ala. Code §26-2A-147 (opens in a new tab), when a conservator accounts
- Ala. Code §26-5-2 (opens in a new tab), account, vouchers and affidavit
- Ala. Code §26-5-3 (opens in a new tab), the settlement day and notice
- Ala. Code §26-5-4 (opens in a new tab), examining the vouchers
- Ala. Code §26-5-13 (opens in a new tab), fees on settlement
- Ala. Code §26-5-30 (opens in a new tab), a settlement the court calls for
- Petition for Partial Settlement (opens in a new tab), Probate Court of Mobile County
Also for Alabama: Conservator’s Inventory
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