Whether you need a probate lawyer depends on how well the estate plan was set up. Regardless, a probate lawyer offers important services that can help speed up the probate process.
Within 10 Months from the date of appointment of the personal representative. The personal representative may obtain up to two 3-month extensions to file the Final Report. Within 12 Months from the date of appointment of the personal representative, final distribution of the estate shall be made.
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.
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.
Alabama personal representatives must make annual settlements of their administration. A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration. If the estate is closed in less than one year, the final settlement is the only settlement.
Search Probate Court Records In order to view complete records and to set up an online account with capability of viewing and copying images, contact a member of the Probate Record Room staff at (334) 832-2584 or (334) 832-1249.
An executor can sell estate property without all the beneficiaries approving. However, there are some important caveats to consider. Their power is not unrestricted.
If an individual dies without a will, which is referred to as being an “intestate estate”, an estate can still be opened and “administered”. The same six month minimum period for the estate to remain open applies. An attorney can provide more detailed information.
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.