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Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.
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.
This agreement like any other agreement can direct a different means of distributing the estate from what the Will specifies. It can even supersede the direct distribution of assets under the Last Will (or no Last Will), subject to some stipulations, and conditions to their recognition.
Though dividing funds equally is optimal, there are certain situations that may warrant leaving more to one of your heirs. Having frank discussions with your heirs about your gifting decisions can make things easier for them.
There are limits on what an executor can and cannot do. If you've been named an executor, a couple basic rules of thumb are that you can't do anything that disregards the provisions in the will, and you can't act against the interests of any of the beneficiaries.
PARTIAL DISTRIBUTION Definition & Legal Meaning a term used when a grant to legatees is made of a portion of an estate before the final settlement is made.
Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.
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.