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The probate process in Alabama: step-by-step Filing a petition: A petition must be filed with the local probate court to either admit the will to probate and appoint the executor. Or, if there's no will, to appoint an administrator of the estate.
PROBATE OF WILLS Probate of a Will is the administration of an estate to insure that all of the property is disposed of properly. It is the Probate Judge's responsibility to make sure that all of the laws in Alabama regarding the distribution of estates are followed.
Probate Court Costs FILING FEESExempt Property$50.00Final Settlement-Estate (Consent)$27.00Final/Partial Settlement-Estate (Without Consent)$39.00Guardianship$37.0027 more rows
Any person in possession of the Will must, by Alabama law, deliver the Will to the Probate Court or to a person who is able to have the Will probated.
How to probate a will in Alabama depends on the validity of the document, which in turn depends on a set of rules known as ?testamentary formalities.? These rules require the will to be (a) in writing, (b) signed by the person making it (testator) or someone in the testator's presence and under his or direction, and (c ...
Probate of a Will To probate a Will, the Probate court must have the Original Will (a copy may be probated under special circumstances). Note: If notice has to be given or a Guardian ad Litem must be appointed, there will be additional costs that will be assessed the day of the hearing to probate the Will.
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 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.