This form is a waiver of formal notice in probating a will and gives consent to the appointment of the executor or administrator and waives:
(a) notice of the hearing on the petition.
(b) notice of rights to require formal proof of the will and to contest the admission or denial of admission of the will to probate.
(c) notice of rights in independent administration.
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Unlike some states, Alabama does not currently allow the use of TOD deeds for real estate. Instead, other instruments such as joint tenancy or revocable living trusts are typically used to avoid probate when transferring real estate upon death.
To transfer ownership from the deceased owner, the surviving owner must bring in the original title and original death certificate of deceased owner for transfer of title. If the names are joined on the title with ?and? or nothing separating the names, it is presumed by the state to be ?AND?.
Generally, Wills must be filed for probate in the county where the deceased lived. WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testator's death.
Can An Executor Sell Estate Property Without Getting Approval From All Beneficiaries? The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
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.
