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Uardian has no conflict and may serve. 3. O.C.G.A. 53-2-40(c) provides that the personal representative of a deceased heir is authorized to agree to the division of property. 4. A signed original agreement setting out the heirs agreed upon distribution of the estate must be attached to the petition. 5. II. This form is to be used when filing a petition for order declaring no administration necessary, pursuant to O.C.G.A. 53-2-40, et seq. The attached form consists of 8 pages. Gen.

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Understanding Alabama's Intestacy Schema In the case of the intestate estate, the court appoints an administrator. This can be a family member (surviving spouse, for example), or in some cases, the court appoints a county administrator – this is a lawyer who administers estates for those dying without a will.

Spouse; “Next of kin” (an archaic term used to refer to the heirs of the estate); Largest in-state creditor of the estate; Any other person, except that in counties of over 400,000 persons, the county or general administrator is next in line behind the largest in-state creditor of the state.

(1) BENEFICIARY.As it relates to trust beneficiaries, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer and as it relates to a charitable trust, includes any person entitled to enforce the trust.

An executor, acting under Letters Testamentary, is governed by the terms of the will and by statute with respect to certain acts which may be performed without a court order. § 43-2-843. A will may authorize the executor to perform any act without court order.

If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery County's Probate Court for filing this petition.

Creditors file claims by submitting an affidavit to the Alabama probate court for filing as a lien against the estate. Any claims (other than contingent claims) that are not submitted within the six-month window are time barred.

The personal representative shall use the authority conferred upon personal representatives by law, the terms of the will, if any, and any order in proceedings to which the personal representative is party for the best interests of successors to the estate.

Creditors have six months from the date the Estate is opened to file a claim with the Court; however, if you fail to timely give the “notice” discussed in paragraph 4 above, this time may be extended. If a claim is not filed within that time period, you are not permitted to pay that claim.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232