Alabama Inventory, Petition to Approve Expenses and Monthly Allowances, and for Other Relief
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FAQ
The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedent's estate.
Most states have a ?small estates? rule that allows you to avoid probate entirely, as long as the estate value doesn't pass a certain threshold. In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.
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.
Is Probate Required in Alabama? Probate is necessary in Alabama except when the property passes straight to another person. However, you have the possibility of a small estate probate, which is simpler than the full probate process.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.
Examples of probate assets include real estate owned only by the decedent, bank accounts in the name of the decedent, and life insurance policies that fail to name a beneficiary or are payable to the estate.
If the will is not offered for probate within the provided time then it's as if the decedent did not leave a will, and his estate is administered as an ?intestate estate.? This, of course, could result in a completely different distribution of property from what the testator intended.
If the decedent didn't leave parents or children, the spouse gets everything. If the decedent was survived by parents but not by children, the spouse gets $100,000 and half of the balance of the decedent's estate. The decedent's parents get the remaining half.