Alabama Sample Letter for Withdrawal of Probated Claim
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How to fill out Sample Letter For Withdrawal Of Probated Claim?
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FAQ
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.
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.
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.
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.
A claim against an estate is a written request for the estate to pay money that the decedent owed.
In Alabama, creditors have six months from the notification to file claims against the estate. Resolving all claims can take several more months, depending on the number and complexity of the claims.
If everyone agrees to the final settlement, the Petition for Final Settlement is presented to the probate court, along with consents by all heirs or beneficiaries. The court will then close the matter without the need for a formal hearing or full accounting.
The good news is that if you're a beneficiary of an estate, you do not inherit that estate's debts. Beneficiaries are typically not responsible for any outstanding debts that may be discovered after the probate period has passed or that can't be paid during the probate period.
