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An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.
In Alabama, like in most states, the law requires that the personal representative of the estate notify all known creditors of the decedent's death. The creditors then have a specific period, generally six months in Alabama, to file their claims against the estate for any outstanding debts.
Given the myriad tasks involved, many wonder how long an executor has to settle an estate in Alabama. As a broad average, it can take anywhere from several months to over a year, depending heavily on the size and complexity of the estate, the clarity of the will, and whether or not the probate process is contested.
AL Form Petition For Final Settlement Without Consent is a probate form in Alabama. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Claims are paid from estate assets (other than assets that qualify for homestead exemption or family allowance). The debts of the probate estate are grouped in to preference categories and paid in order, with lower-tier categories to be paid only when the higher-tier categories have been paid in full.
Not all estates must go through the full probate court process in order for assets to be distributed to heirs. If an estate meets certain criteria, it's possible for the estate to pass through a different process ing to Alabama's Small Estate Act.
Typically, an estate is considered settled when all of the following tasks have been completed: the will has been submitted to probate court, the estate has been thoroughly inventoried, all creditors have been notified and paid, any taxes owed have been settled, and the remaining assets have been distributed ing ...
Once a will is probated, a decedent's estate, referred to as being a ?testate estate,? must remain open for a minimum period of six months.