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According to the Alabama Small Estates Act, you must petition for probate within five (5) years of the decedents death. Otherwise, you cannot transfer assets to beneficiaries if there are any left behind in the will. Instead, you must use an intestate estate proceeding.
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.
In order to open an Alabama estate for probate, someone must be appointed by the court to act on behalf of the estate. This person or organization is called a personal representative (PR). A PR is also known as an executor (if there is a will) or administrator (if there is no will).
Is Probate Required in Alabama? Probate is necessary in Alabama except when the property passes straight to another person. However, you have the possibility of a small estate probate, which is simpler than the full probate process.
If the will is not offered for probate within the provided time then its as if the decedent did not leave a will, and his estate is administered as an intestate estate. This, of course, could result in a completely different distribution of property from what the testator intended.
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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.
Maximum estate value: The maximum amount for a 2021 small estate is $30,608. Note: This number increases annually with inflation. Personal property: Personal property does not count toward the maximum dollar amount to qualify.
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.
According to the Alabama Small Estates Act, you must petition for probate within five (5) years of the decedents death. Otherwise, you cannot transfer assets to beneficiaries if there are any left behind in the will. Instead, you must use an intestate estate proceeding.
An Alabama small estate affidavit allows heirs of an estate to distribute its assets and bypass the probate process.

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