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File a Petition with the Alabama Probate Court If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration. If the decedent did leave a will, the document is known as Letters Testamentary.
AL Form Petition For Final Settlement Without Consent is a probate form in Alabama. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.
Letters of Administration are required when someone dies without a Will or Estate Plan. They may also be necessary if a Will does not specify an Executor, or if the named Executor is unable to serve for medical or legal reasons.
The order of priority for the right to serve as the administrator goes to 1) the widow/surviving spouse, 2) the other next of kin, 3) the largest creditor of the estate residing in Alabama, 3) any other person appointed by the probate court. Any of these persons may relinquish their right to serve as administrator.
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.
An administrator ad litem is a person appointed by a probate court to represent the interests of an estate for the purposes of a lawsuit.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.