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Claims are paid from estate assets (other than assets that qualify for homestead exemption or family allowance). The debts of the probate estate are grouped in to preference categories and paid in order, with lower-tier categories to be paid only when the higher-tier categories have been paid in full.
Typically, an estate is considered settled when all of the following tasks have been completed: the will has been submitted to probate court, the estate has been thoroughly inventoried, all creditors have been notified and paid, any taxes owed have been settled, and the remaining assets have been distributed ing ...
Alabama permits the distribution of small estates via a streamlined estate process called summary distribution. A spouse or inheritor must petition the local probate court requesting that it use the simplified procedure for this case.
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.
The timeline of probate in Alabama can vary significantly depending on several factors, including the size of the estate, whether or not the will is contested, and how efficiently the personal representative handles their duties. On average, probate in Alabama can take anywhere from several months to over a year.
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.
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.
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.