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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.
Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.
In Alabama, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.
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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.
Generally, Wills must be filed for probate in the county where the deceased lived. WHEN MUST A WILL BE FILED FOR PROBATE? To be effective, a Will must be filed for probate within five years of the date of the testators death.
How to File Probate Without a Lawyer - A Step-by-Step Guide Petition the court. The probate process wont begin automatically. Notify heirs, beneficiaries, and other interested parties. Change the legal name of the assets. Pay creditors and tax payments first. Pay funds to heirs. Report back to the court and close the estate.
As you make your estate plans, if you are looking to avoid probate in Alabama, the most effective options will be to establish a living trust, hold major assets in joint tenancy, and add a payable-on-death designation to docHub financial accounts.
If transfer involves a deceased owner and owners estate has not and will not be probated, then the individual signing on behalf of deceased owners estate must provide a Next of Kin Affidavit (MVT 5-6) and a copy of the deceased owners death certificate.

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