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If probate is not filed within the given period, Alabama law will treat the estate as intestate. In other words, it will be treated as if there were no will (even if one exists), and the distribution of assets will follow the state's succession laws.
In Alabama, there are several instances where an estate will almost certainly have to be probated. But the process may be avoided if: The value of an estate is under the small estate threshold (see below) There is a Living Trust present.
How to File Probate Without a Lawyer - A Step-by-Step Guide Petition the court. The probate process won't begin automatically. ... Notify heirs, beneficiaries, and other interested parties. ... Change the legal name of the assets. ... Pay creditors and tax payments first. ... Pay funds to heirs. ... Report back to the court and close the estate.
How to Open an Estate for Probate in Alabama Determine the Type of Alabama Probate Proceeding to Open. ... Determine the Appropriate Alabama Probate Court (Jurisdiction) ... File a Petition with the Alabama Probate Court. ... Provide Notice to Spouse/Next of Kin. ... Obtain and Submit a Personal Representative's Bond.
The End Stage of Probate Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.