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.
Alabama Petition to Determine Distribution Rights of the Assets of a Decedent
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How to fill out Petition To Determine Distribution Rights Of The Assets Of A Decedent?
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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 ...
(a) Any person entitled to administration may relinquish his right thereto in the same manner as executors are authorized to renounce their appointment.
(a) Upon the death of a person, decedent's real property devolves to the persons to whom it is devised by decedent's last will or to those indicated as substitutes for them in cases involving lapse, renunciation, or other circumstances affecting the devolution of a testate estate, or in the absence of testamentary ...
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.
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.
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.
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.
Within the various categories of heirs, each descendant of equal degree inherits equally and descendants of unequal degree inherit by representation (dividing the share that their parents would have taken). So, for example, if a person dies with three living children, each child would get one-third.