Alabama Personal Representative Request Form
Description
How to fill out Personal Representative Request Form?
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FAQ
How Long Do Creditors Have to File Claims Against the Estate? In general, creditors have 6 months from the date that Letters Testamentary or Letters of Administration are issued to file claims against the estate. For this reason an estate in Alabama must remain open for at least six months.
Claims must be filed generally within 6 months. Generally the estate cannot be divided until all claims and expenses have been paid which is at least 6 months. Court must approve attorney's fees.
The followings are the procedure for applying for the grant of Letter of Administration:Step 1 filing of the cause papers.Step 2 hearing of the Ex Parte Originating Summons.Step 3 dispensation of sureties.Step 4 collecting assets and payment of debts.Step 5 distribution.
To obtain Letters of Administration, the appropriate person entitled to receive them must file a Petition for Letters of Administration in the proper probate court. § 43-2-40. To facilitate matters, any renunciations should be filed along with the petition.
File a Petition with the Alabama Probate Court The initial petition requests that the court appoint someone to act as personal representative. If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration.
Time Limit on Contesting a Will In general, you have just six months from when the will was presented to the court to dispute it. A person who is under a legal disability (mental impairment) or a minor has up to 12 months from the date when the legal disability is removed to contest a will.
According to the Alabama Small Estates Act, you must petition for probate within five (5) years of the decedent's death. Otherwise, you cannot transfer assets to beneficiaries if there are any left behind in the will.
If the decedent died without a will (intestate), the court appoints someone to serve as PR (administrator) of the estate. The PR cannot be under age 19, a convict of an infamous crime (whatever that means), or be mentally or otherwise unfit to serve.
The time it takes to get probate or letters of administration varies according to the circumstances. It may only take three to five weeks if there are no complications, inheritance tax is not payable, the estate is straightforward and all forms are filled in properly.
A claim for reasonable financial provision must be made within six months after probate or letters of administration have been issued, although the court can extend this period in certain circumstances (eg if the applicant has not made an earlier claim because of negotiations with the executors or administrators).