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Spouses in Alabama Inheritance Law If your only children were from the marriage, your spouse is given the first $50,000 of your intestate estate and half of whatever's left over. However, individuals that had children with another partner will lower their spouse's intestate share to just half of the estate.

Bank account beneficiary vs. will Generally, a will does not override banking beneficiary designations listed on the bank account. This is because most bank accounts are considered non-probate assets, meaning they pass directly to the designated beneficiary without being subject to the terms of a will.

After your death, the beneficiary has a right to collect any money remaining in your account. They need to go to the bank with proper identification. They must also bring a certified copy of the death certificate. The bank will have a copy of the form you filled out naming them the beneficiary.

In Alabama, the executor has four months from the date of their appointment to notify creditors, who then have six months to make claims against the estate for any debts owed. Paying Debts and Taxes: After notifying the creditors, the executor must then pay off any valid claims from the estate's assets.

Most states have a ?small estates? rule that allows you to avoid probate entirely, as long as the estate value doesn't pass a certain threshold. In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.

Identify beneficiaries for registered accounts: While the funds inside RRSPs and RRIFs can circumvent the probate process, that can only happen when there are beneficiaries named in the account. If there are none, the funds will revert back to the estate and will be subject to probate.

When a person passes away, their assets are distributed in ance with either their estate plan or California's intestate succession laws. However, certain assets, including most bank accounts, can pass directly to beneficiaries, without the need for probate or the court's intervention.