WAIVER OF PROBATE OF WILL CODICIL - Montgomery Alabama - mc-ala 2025

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The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the executor or personal representative of the decedents estate. If there is a Will, an executor will likely be named in it.
While probate is a common and often necessary process following a persons death, its not always a requirement. Certain circumstances, such as state laws, the size of the estate, meticulous estate planning, and the type of assets involved, can influence whether a will has to go through probate.
If the original will cannot be found, it is possible to probate a copy of the will with the testimony of a witness who read the will, heard it read, and remembers its contents. Letters Testamentary are issued by the probate court upon the filing and review of all the required documents.
To be effective, a Will must be filed for probate within five years of the date of the testators death.
Most state laws require that all wills be filed. They do not, however, require an executor to file a petition for probate or prove the validity of the last will and testament. Property could remain in the decedents estate indefinitely if no one probates the will.
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When a beneficiary signs a waiver of notice they consent to the court-appointed personal representative (i.e. the executor), and they agree to forego the initial hearing.

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