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Alabama probate is not a do-it-yourself project. While there is no legal rule preventing you from representing yourself, Alabama probate proceedings involve complex legal rules and fiduciary duties that can get you in trouble if not handled correctly.
If an individual dies without a will, which is referred to as being an \u201cintestate estate\u201d, an estate can still be opened and \u201cadministered\u201d. The same six month minimum period for the estate to remain open applies. An attorney can provide more detailed information.
Letters of Administration are documents issued by the Probate Registry authorising you to act as Administrator for the estate of a person who has died when, for one reason or another, it is not possible for an Executor to take on the role.
Generally the estate cannot be divided until all claims and expenses have been paid which is at least 6 months.
Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.
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Pricing for Alabama Probate Services Fees for full representation typically start at around $2,500.00 for very simple estates. Fees for unbundled legal services can be less than $500.00.
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 \u201cinfamous\u201d crime (whatever that means), or be mentally or otherwise unfit to serve.
How to Open an Estate for Probate in Alabama Determine the Type of Alabama Probate Proceeding to Open. ... Determine the Appropriate Alabama Probate Court (Jurisdiction) ... File a Petition with the Alabama Probate Court. ... Provide Notice to Spouse/Next of Kin. ... Obtain and Submit a Personal Representative's Bond.
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.
For now, here's how estates can be probated without living wills: Create Living Trusts. In Alabama, livings trusts can trump probate. ... Use Joint Ownership. ... Payable-On-Death Designations. ... Transfer-On-Death Registration.

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