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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.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.
Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.
Letters testamentary are the documentary evidence of an individual's appointment as the executor of an estate. They are issued by Alabama probate courts following appointment of an executor.
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.
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.
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.
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.