Alabama Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate

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Multi-State
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US-00484BG
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Word; 
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Description

The following form is by an affiant as an executor of an estate.

An Alabama Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate is a legal document that pertains to the management and distribution of a deceased person's assets in the state of Alabama. This affidavit grants authority to an attorney-in-fact appointed by the deceased's last will and testament to act as an executor of the estate. Here is a detailed description of this document along with relevant keywords: Description: An Alabama Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate is a legal instrument that enables an attorney-in-fact, who has been specifically named in the deceased's will, to handle various tasks related to the estate. This affidavit serves as proof of the attorney-in-fact's authority to act as an executor and carry out duties on behalf of the deceased person. Keywords: 1. Alabama: Refers to the state where this affidavit is applicable. This document must comply with Alabama's laws and regulations. 2. Affidavit: A sworn written statement made under oath that acts as evidence of the facts contained within it. 3. Attorney-in-Fact: A person designated by the deceased's will to act on their behalf and manage their estate. 4. Executor of an Estate: An individual responsible for managing and distributing the assets and liabilities of a deceased person's estate according to their last will and testament. Types: There may be different types or variations of Alabama Affidavits used by an Attorney-in-Fact in the Capacity of an Executor of an Estate depending on specific circumstances. Some possible variations could include: 1. Alabama Affidavit of Collection: This type of affidavit may be used when the deceased person's assets solely consist of personal property that can be more efficiently distributed without the need for probate. 2. Alabama Affidavit of Sale: This affidavit might be utilized when the attorney-in-fact intends to sell a specific asset or property of the estate within the state of Alabama. It is essential to consult with a qualified attorney or legal professional to determine the specific requirements and variations that may exist for an Alabama Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate, as these can vary based on individual circumstances and the deceased person's estate planning.

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Step 1: ? Verify that the estate is eligible. This will include identifying and valuing all of the decedent's property to make sure it falls below the state maximum. ... Step 2 ? Contact all the Heirs. ... Step 3 ? Settle any remaining obligations. ... Step 4 ? Fill out, sign, and file the affidavit form.

If you have a trust and funded it with most of your assets during your lifetime, your successor Trustee will have comparatively more power than your Executor. ?Attorney-in-Fact,? ?Executor? and ?Trustee? are designations for distinct roles in the estate planning process, each with specific powers and limitations.

Making an Application to the Court ? This should be considered only as the last resort for removing an executor, as the process can be lengthy and expensive. However, it may be the only option available if the hostile executor is unwilling to reach an agreement with you.

The Alabama Small Estates Act allows the personal property of a deceased person to be distributed to the surviving spouse or appropriate next of kin through a court proceeding in a summary manner without full probate or administration. Summary distribution makes the passing of a small estate significantly faster.

The Alabama Small Estates Act was passed in 1979 and amended in 2009. This Act provides a method, through a court proceeding, to distribute personal property of a deceased person in a summary distribution manner to a surviving spouse, or appropriate distributes of the decedent, without full probate administration.

An Alabama small estate affidavit form (typically referred to as a ?Petition for Summary Distribution?), provides the family of a recently deceased person the ability to collect said person's property outside of probate court.

Instead of a small estate affidavit, Alabama allows for distribution of small estates through an abbreviated estate process known as summary distribution. To qualify for summary distribution, the estate must meet the criteria of a ?small estate? as defined by the statute.

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.

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Alabama Affidavit by an Attorney-in-Fact in the Capacity of an Executor of an Estate