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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.
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.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.
An administrator ad litem is a person appointed by a probate court to represent the interests of an estate for the purposes of a lawsuit.
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.
How to File Probate Without a Lawyer - A Step-by-Step Guide Petition the court. The probate process won't begin automatically. ... Notify heirs, beneficiaries, and other interested parties. ... Change the legal name of the assets. ... Pay creditors and tax payments first. ... Pay funds to heirs. ... Report back to the court and close the estate.
Letters of Administration are required when someone dies without a Will or Estate Plan. They may also be necessary if a Will does not specify an Executor, or if the named Executor is unable to serve for medical or legal reasons.
For now, here's how estates can be probated without living wills: Create Living Trusts. In Alabama, livings trusts can trump probate. ... Use Joint Ownership. ... Payable-On-Death Designations. ... Transfer-On-Death Registration.