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Most states have a ?small estates? rule that allows you to avoid probate entirely, as long as the estate value doesn't pass a certain threshold. In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.
Filing in Probate: A Will needs to be filed in the probate court. There may be other paperwork the decedent needs to file at the same time. Gathering Information: The executor needs to begin gathering information, such as identifying the heirs of the decedent as well as the decedent's assets and debts.
Persons who are appointed as personal representatives of estates use this to prove to others that they need to work with to carry out their duties that they have been officially appointed by the court. Get form DE-150. Effective: January 1, 1998.
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery County's Probate Court for filing this petition.
Letters of Administration You will need to file with the Probate Court: Certificate (Found in Personal Representative Handbook) Petition for Letters of Administration. Personal Representative Bond (*For more information, see below)
How to get Letters Testamentary in Alabama? To get letters testamentary in Alabama, an estate must be opened in probate court and an executor must be appointed for the estate.
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.
A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration.