Alabama Sample Letter regarding Judgment Appoint Administratrix - Certificate of Death
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How to fill out Sample Letter Regarding Judgment Appoint Administratrix - Certificate Of Death?
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FAQ
The order of priority for the right to serve as the administrator goes to 1) the widow/surviving spouse, 2) the other next of kin, 3) the largest creditor of the estate residing in Alabama, 3) any other person appointed by the probate court. Any of these persons may relinquish their right to serve as administrator.
If there are no complex claims to handle, probate can be completed between six months and a year from when the process is started. If there are difficult claims to sort out, or if any probate litigation is initiated, the process may take longer.
To obtain Letters Testamentary or Letters of Administration, the lawyer files a Petition for Grant of Letters Testamentary (if there is a will) or Petition for Grant of Letters of Administration (if there is no will) with the Alabama probate court.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.
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.
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.
After the executor is appointed by the probate court, the executor is charged with managing the estate. The executor must determine what assets are in the estate and secure the estate assets for the benefit of the heirs and potential creditors. If the estate owes debts, the executor must negotiate with the creditors.
It depends. A summary probate proceeding could take as little as four months. In many states, a typical probate and estate administration process may take up to two years. The probate process can take years to settle in an estate with contested issues or lawsuits.
