Alabama Notice of Hearing
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How to fill out Notice Of Hearing?
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FAQ
Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in ...
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.
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.
Alabama Code Section 35-11-213 provides that a "Verified Statement" of lien must be filed in the Probate Judges Office in the county where the property is situated. A statutory form is provided in the Code. Generally, an "Original Contractor" must record their Verified Statement within six months.
All lien claimants, except an original contractor must give notice prior to filing a verified statement of lien. The notice must be given in writing to the owner stating that a lien is claimed, setting forth the amount and the subject of the lien, and the person or entity from whom it is owning. Ala. Code § 35-11-218.
The personal representative of the estate of a decedent may give notice in writing to the claimant or anyone having a beneficial interest in a claim against the estate that such claim is disputed in whole or in part; if in part, specifying the part disputed.
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.
(a) Any person entitled to administration may relinquish his right thereto in the same manner as executors are authorized to renounce their appointment.