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A grant of probate is only issued to the named executors of the will, while letters of administration are issued to the person who is entitled to inherit under the rules of intestacy, if the deceased died without a will.
Letters Testamentary vs. Letters of Administration. Letters Testamentary (or sometimes, ?Letters of Testamentary?) and Letters of Administration (sometimes called ?Letters of Representation?) accomplish the same thing. In either case, the court determines who is authorized to deal with the deceased person's estate.
Letters of testamentary are only granted to an estate executor by the probate court if they are the named executor in a valid will. On the other hand, letters of administration are used for estate settlement by an administrator appointed by the probate court when there is no valid will, ie.
A Letter of Testamentary?sometimes called a "Letter of Administration" or "Letter of Representation"?is a document granted by a local court. The document simply states that you are the legal executor for a particular estate and that you have the ability to act as such.
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.
If there is no valid will, and you are the next-of-kin, you can apply to be an administrator in the following order of priority: you are the married partner or civil partner of the person who has died. you are the child of the person who has died. you are the grandchild of the person who has died.
Creditors file claims by submitting an affidavit to the Alabama probate court for filing as a lien against the estate. Any claims (other than contingent claims) that are not submitted within the six-month window are time barred.
How to get Letters Testamentary in Alabama? To get letters testamentary in Alabama, an estate must be opened in probate court and an executor must be appointed for the estate.