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. The small estate act allows for the heir to receive the assets if the value of the estate is not more than $25,000, notice of the estate was ...
Apr 29, 2010 · A good Alabama probate attorney can help you determine whether probate is required and explore any alternatives to probate. If probate is required, the attorney will instruct and advise you regarding your duties as personal representative and prepare the pleadings and other legal paperwork necessary to move the estate through the court system ...
Mar 02, 2022 · The Principal must sign the bond. The role (personal representative, conservator, etc.) must match the appointment. The Power of Attorney must be attached to the bond or rider. The bond or rider must contain the original signature of the bonding company's licensed producer in Alabama (a list of all licensed producers in Alabama can be found at ...
Apr 03, 2015 · Alabama probate courts only accept wills that are valid under AL law. In order for a will to be valid in Alabama, the writer of the will must: • Be at least 18 years old. • Be of sound mind at the time of writing and signing. • Be free of pressure from outside parties to sign the will.
If several executors apply together, all of them will need to sign documents to deal with assets. The executors can agree that one or more of them will apply - and deal with the estate - while the others reserve the right to apply later if necessary.
Do all executors of a will have to apply for probate? Often more than one executor is named in a will, but not all of the executors have to apply for probate. A maximum of four people can apply to the Probate Registry to prove a will and be named on the grant of probate.
Where a beneficiary is entitled to the residue of the estate (either in whole or in part) then they should be supplied with full copies of the estate accounts. The executors should get all residuary beneficiaries' approval before distributing the estate.Jul 14, 2021
Executors want you to sign a release to ensure that they are protected from personal liability for the work they have done executing the estate. It also ensures they won't have to claw back any assets or distribute them in some new way after they've already distributed everything there is to be distributed.Oct 23, 2021
Can an executor appoint another executor? If they are unable to act temporarily, for example, they live abroad; it is possible to give a Power of Attorney to another person to act on their behalf. The executor can delegate the functions he/she has to carry out to the attorney.
If two or more executors disagree, it's possible to get an executor removed by the court if it best serves the estate (in other words, to make sure your possessions are distributed as you wanted). When no substitute executor has been named, the court also has the legal right to appoint a replacement.Oct 14, 2021
There is nothing legally forcing an executor to open an executor account, but it is recommended that they do. If an executor chooses not to open an executor account, it is still recommended to use an independent bank account separate from their own finances.Dec 6, 2021
Executors have a duty to communicate with beneficiaries. If they are not doing so, you are entitled to take action. Schedule a free consultation with our probate lawyers to learn what you can do to enforce your rights as a beneficiary.Jul 26, 2021
If a beneficiary doesn't receive what they're entitled to from the estate, the executor or administrator may be liable to pay this themselves. To help protect against any possible claims, the executor or administrator needs to take all the necessary steps to find the beneficiary before distributing the estate.
One of the Executor's duties is to inform all next of kin and beneficiaries of: The deceased's death; The appointment of themselves as an Executor/Administrator; Their inheritance – be it a specific item, cash sum or share of the estate.
While dealing with the handing over of specific and cash legacies the Executors can also consider interim payments to beneficiaries who are entitled to what is left (the residue). They must ensure, however, that adequate provision is made for payment of debts and expenses, the cash legacies and any tax liability.
A residuary beneficiary is a person who receives any property from a will or trust that is not specifically left to another designated beneficiary. The property received by the residuary beneficiary from a will is referred to as the residuary bequest.
Summary Distribution is designed to allow for quick and easy distribution of small estates, without the need for a full probate proceeding.
Under Alabama law, the probate court is a court of general and original jurisdiction for administration of estates. The circuit court can obtain jurisdiction over a pending administration of an estate only by removing the administration from the probate court to the circuit court pursuant Section 12-11-41 of the Alabama Code, which provides:
The old law also required notice to be published once a week for three consecutive weeks. The surviving spouse (or other claimants) had to wait 45 days from the date the Petition for Summary Distribution was filed and at least 21 days from the date that notice was first published.
In that opinion, the Office of General Counsel approved “unbundled” legal representation, which allowed attorneys to perform discrete tasks on behalf of the client as an alternative to full legal representation. This sort of arrangement is becoming popular across the nation and has been positively received.
Limited scope representation allows lawyers to assist clients with a specific part of a legal matter even if the client does not need (or cannot afford) representation in the rest of the matter.
Here they are: For 2009, an estate must be worth $25,000 or less to qualify for summary distribution. For 2010, an estate must be worth $25,410 or less to qualify for summary distribution. For 2011, an estate must be worth $25,791 or less to qualify for summary distribution.
The Alabama State Finance Director is responsible for making the inflation adjustments and reporting to the probate court. On April 5, 2011, the State Finance Director notified the probate judges that the adjustments have been computed. Here they are:
Personal Representative - A person or institution appointed by the probate court to act on behalf of the estate of a decedent. Decedent – The deceased person. Probate – Court-supervised process whereby the decedent’s assets are collected, all obligations are paid, and the balance of the decedent’s assets are distributed to the beneficiaries.
Once you open the Alabama estate, you need to collect and take possession of all of the probate assets of the decedent. You should consult with the Alabama probate attorney about which assets are probate assets and whether any exceptions apply to your duty to take control of the assets.
If the decedent left a valid will, the assets are ultimately distributed in accordance with the will. If not, the assets are distributed in accordance with Alabama laws known as laws of intestacy. Probate requires the appointment of a personal representative to act on behalf of the estate.
If probate is required, the attorney will instruct and advise you regarding your duties as personal representative and prepare the pleadings and other legal paperwork necessary to move the estate through the court system. Look for an attorney that specializes in probate and/or estate planning law.
If the decedent didn’t own any assets in Alabama, chances are that Alabama probate will not be required. If the decedent did own Alabama assets, the nature and value of those assets will determine whether probate is required or whether an alternative to probate may be feasible. Assets to look for include real estate, cash, ...
An accounting of all expenses and income of the estate is often required. The court will then issue an order closing the estate, which will direct the personal representative to pay all expenses of administration and distribute any remaining assets to the beneficiaries (settlement of the estate).
You will be required to go through a creditor notification process designed to put all creditors on notice of the estate proceeding.
As a result of Duane Graham's research (printed in the December 2015 issue of the Mobile Bar Bulletin, I became informed of the Alabama Court of Civil Appeals' decision dated July 10, 2015 entitled Lovell v. Costigan (docket number 2140522). This appellate decision caught my attention because we have NUMEROUS requests for service by publication when an effort to serve by the Sheriff's Dept and/or U. S. Certified Mail has failed. Prior to today – when we receive a motion for service by publication and the necessary affidavit is attached – we processed it and once we received proof of publication - we entered in the appropriate docket that service on the person in question was perfected. Heretofore, our clerks have NOT been reading the affidavits submitted in support of publication requests as to content. If you aren't familiar with the Lovell case – I encourage you to become familiar with it quickly. None of us want to have situations to arise where the Court's rulings are later declared null and void because of the lack of service on an interested parties – for obvious reasons.
On July 2, 2020, the Alabama Supreme Court issued its opinion in the Ex parte Bashinsky, No. 1190193, 2020 WL 3581729 (Ala. July 2, 2020 ), a protective proceeding that was initiated in the Probate Court of Jefferson County.
Effective immediately, Mobile County Probate Court will no longer bundle court costs and fees in any cases. Instead, all court costs and fees will be individually itemized on the cost bill.
The amendment to Rule 45 (b) (1) increases to 19 years the age at which a person can serve a subpoena and to further provide that such person shall not be related within the third degree by blood or marriage to the person seeking service.
ABA Article on Revised Uniform Fiduciary Access to Digital Assets Act. The Alabama Legislature recently passed the Revised Uniform Fiduciary Access to Digital Assets Act. The link below will take you directly to the ABA article that discusses the terms and implications of the Uniform Act: ABA Article on Uniform Act.
It was not ed that Alabama probate courts are courts with limited jurisdiction. Thus, service is fundamental for probate courts to have subject matter jurisdiction, as well as personal jurisdiction as to parties – depending on the nature of the matter before the probate court.
Please note that the Alabama Legislative enacted Ala. Act 2016-306 which abolishes common law marriage in the State of Alabama prospectively on January 1, 2017. Any "otherwise valid common-law marriage entered into before January 1, 2017, shall continue to be valid in this state."
Alabama probate courts only accept wills that are valid under AL law. In order for a will to be valid in Alabama, the writer of the will must: • Be at least 18 years old. • Be of sound mind at the time of writing and signing.
The state of Alabama has very specific laws regarding probate court. There is an Alabama probate court located in every county, and a specific judge is appointed to each court within the state. Information for finding Alabama probate courts will be listed farther below in the article.
Some of the personal representative rights include, but are not limited to: • Retaining and receiving assets. • Performing the deceased contracts. • Seeing that charity contributions are submitted.
Alabama has a simplified probate process for small estates. To use it, an inheritor files a written request with the local probate court asking to use the simplified procedure. The court may authorize the inheritor to distribute the assets without having to jump through the hoops of regular probate.
No bond has to be paid with the filing. All funeral expenses must be paid or there must be arrangements for them to be paid by the surviving spouse or other inheritor. The inheritor publishes notice of the request in a newspaper in the county where the deceased person lived at least once.
Do Not Sell My Personal Information. Alabama offers a probate shortcut for "small estates. ". This makes it easier for survivors to transfer property left by a person who has died. You may be able to transfer a large amount of property using the following probate shortcut -- saving time, money, and hassle.
For help determining if an estate qualifies for one of these probate shortcuts, or handling an estate in general, see The Executor's Guide, by Mary Randolph (Nolo), or Estate Planning Basics, by Denis Clifford (Nolo).
A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.
Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.
Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:
If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.
An estate will be presumed to be closed by statute when records show that Letters have been issued for more than 20 years and 6 months and no further action has been taken or 20 years have lapsed from the date of any action in the estate, and if all bequests and legacies provided for in the will being administered have been payable or demandable for more than 20 years and the personal representative has not made any payment of any claim or bequest, devise or distributive share, or promised to pay such items for 20 years or more. § 43-2-660. This presumption also means that all debts of the estate, all legacies and bequests, and all distributive shares in the estate are presumed to have been paid to the proper persons. Id.
? Homestead. The surviving spouse of a decedent domiciled in this state is entitled to a homestead allowance of $6,000.00. § 43-8-110. If there is no surviving spouse, each minor or dependent child of the decedent is entitled to an allowance amounting to $6,000.00 divided by the number of minor or dependent children. This allowance is exempt from claims against the estate, and is in addition to any share of the decedent's estate passing to the surviving spouse or minor children by the will of the decedent (unless otherwise provided in the will), by intestate succession, or by way of elective share. Id.
The attorney should counsel the personal representative in the proper manner of keeping accounts . Accounts and records of each asset and liability should be kept in a manner which will expedite the process of filing a final settlement of the estate. This is an area where extra effort by the attorney may be helpful with unsophisticated personal representatives.
Probate may be avoided by certain transfers of assets defined by statute or by the terms of the instrument creating the asset.
Insurance, annuities, certain employee benefits and death benefits, and assets held in trust, pass to a designated beneficiary by the terms of the governing instrument. Unless the decedent's estate is designated as the beneficiary, or unless the assets revert back to the estate of the decedent because of the failure of the designated beneficiary, such assets are not included in the probate estate of the decedent. Life insurance proceeds, payable to a designated beneficiary other than the decedent's estate, should pass free from the claims of the decedent's creditors. §§ 6-10-8, 27-14-29.
When an employee dies intestate and the decedent is owed wages or salary, the employer may pay such wages to the surviving spouse of the decedent or, if there is no surviving spouse, to the guardian of the decedent's minor children. § 43-8-115. Such sums are to be considered as a part of the exempt property, as defined in section 43-8-111, and if the sum exceeds $3,500, the excess shall be considered part of the family allowance under section 43-8-112.
My question is do you know how much you are receiving? Were you provide an inventory of assets? Are you expecting to sign a waiver before knowing what you are receiving? If you unsure of the status of the estate, you should ask the executor to provide you with an accounting. If the executor does not give you an accounting, then ask the court.
Such a waiver as to the liability of the Executor is unusual in Arkansas. I would suggest tthat you write to the Probate Judge of the Court in which the estate is being probated and explain what is being asked of you to get your share of the estate.#N#More
It is common practice for an executor to ask for such a document to be signed - this process usually makes things go quicker so that there is no need for court approval of the accounting.
The executor is asking you to sign a release because he wants to be protected from future litigation. It is a common practice to get a signed release before or on presentation of distributed assets to beneficiaries.