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Commonly Asked Questions about Estate Planning in Alabama

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.
Most states have a small estates rule that allows you to avoid probate entirely, as long as the estate value doesnt pass a certain threshold. In Alabama, if an estate doesnt have any real property and the value doesnt exceed $25,000, after waiting 30 days, you can use whats known as a summary probate procedure.
Examples of probate assets include real estate owned only by the decedent, bank accounts in the name of the decedent, and life insurance policies that fail to name a beneficiary or are payable to the estate. If the decedent owned any of these assets, Alabama probate will probably be required.
In Alabama, you can make a living trust to avoid probate for virtually any asset you ownreal estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
This is called a Life Estate Deed. You can continue to live on the property, pay tax at homestead rates, and insure the property until you die, at which time the future owners will own the property outright without the need for probate.
Not all estates must go through the full probate court process in order for assets to be distributed to heirs. If an estate meets certain criteria, its possible for the estate to pass through a different process ing to Alabamas Small Estate Act.
If an individual dies without a will, which is referred to as being an intestate estate, an estate can still be opened and administered. The same six month minimum period for the estate to remain open applies. An attorney can provide more detailed information. Wills and Estates - Probate Court of Jefferson County, Alabama jeffcoprobatecourt.com judicial wills-and-estates jeffcoprobatecourt.com judicial wills-and-estates