Alabama Assignment of All of Expected Interest in Estate in Order to Pay Indebtedness

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Multi-State
Control #:
US-01755BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In Alabama, money judgements last up to 20 years (Ala. Code § 6-9-190). But judgments are generally only enforceable for 10 years (Ala. Code § 6-9-191), and then they're renewed for another 10 years if the judgment debtor still hasn't paid the debt.

Upon your death, unsecured debts such as credit card debt, personal loans and medical debt are typically discharged or covered by the estate. They don't pass to surviving family members. Federal student loans and most Parent PLUS loans are also discharged upon the borrower's death.

If you owe state tax debt, the statute of limitation is 10 years. If you owe credit card or auto loan debt, the statute is 3-4 years. Medical debt and mortgage debt don't run out until 6 years later.

All claims must be filed within six months of the date that letters testamentary or letters of administration are granted, as long as each known person who may have a claim against the estate is given at least 30 days personal notice.

AL Specifics. In Alabama, creditors must present any claims within 6 months of the executor's appointment, or 5 months of the date of the first Notice to Creditor publication, whichever is later, and within 30 days of being individually notified of the death by the executor (see AL Code § 43-2-350).

You are not allowed to pay any debts of the Decedent unless a written claim is filed in Court. Creditors have six months from the date the Estate is opened to file a claim with the Court; however, if you fail to timely give the ?notice? discussed in paragraph 4 above, this time may be extended.

Secured debts will get paid first, as they are connected to the assets themselves. Unsecured debts, like credit cards or personal loans, are generally paid last. As executor, it is your legal obligation to put off payment of unsecured debts until funeral costs, estate expenses, taxes, and medical expenses are paid off.

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Alabama Assignment of All of Expected Interest in Estate in Order to Pay Indebtedness