Alabama Sample Letter for Petition for Approval of the Sale
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How to fill out Sample Letter For Petition For Approval Of The Sale?
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How to Open an Estate for Probate in Alabama Determine the Type of Alabama Probate Proceeding to Open. ... Determine the Appropriate Alabama Probate Court (Jurisdiction) ... File a Petition with the Alabama Probate Court. ... Provide Notice to Spouse/Next of Kin. ... Obtain and Submit a Personal Representative's Bond.
Once a will is probated, a decedent's estate, referred to as being a ?testate estate,? must remain open for a minimum period of six months.
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.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of 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.
To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.
An heir can sell their interest in heirs property. Do all heirs have to agree for heirs property to be sold? Under certain circumstances, such as a forced sale through a partition action or a tax sale, the property can be sold without all heirs agreeing.
If probate is not filed within the given period, Alabama law will treat the estate as intestate. In other words, it will be treated as if there were no will (even if one exists), and the distribution of assets will follow the state's succession laws.
