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File a Petition with the Alabama Probate Court If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration. If the decedent did leave a will, the document is known as Letters Testamentary.
Yes, it is possible to file probate without a lawyer. It can be a good idea to hire an attorney if the estate in question is complex, or you don't feel confident navigating the legal system and probate process. Attorneys can ensure that you meet deadlines and avoid mistakes which can cause further delays.
To name someone as the executor of your estate, you must designate them as your executor in your legally valid last will and testament. If you do designate an executor of the estate, the person in charge of your estate will be someone appointed by the court.
STEPS IN PROBATE OF AN ESTATE: Petition filed. Take immediate control of the estate. Inventory of the estate within 2 months. Bond, equal to the aggregate capital value of the property of the estate, plus one year's estimated income from the estate. Notice must be given to all heirs. Letters of Testamentary granted.
Most states have a ?small estates? rule that allows you to avoid probate entirely, as long as the estate value doesn't pass a certain threshold. In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.
Generally, Wills must be filed for probate in the county where the deceased lived. WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testator's death.
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.
Probate Court Costs FILING FEESExempt Property$50.00Final Settlement-Estate (Consent)$27.00Final/Partial Settlement-Estate (Without Consent)$39.00Guardianship$37.0027 more rows