Alabama Sample Letter for Creditor Notification of Estate Opening
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FAQ
In Alabama, like in most states, the law requires that the personal representative of the estate notify all known creditors of the decedent's death. The creditors then have a specific period, generally six months in Alabama, to file their claims against the estate for any outstanding debts.
In Alabama, creditors have six months from the notification to file claims against the estate. Resolving all claims can take several more months, depending on the number and complexity of the claims.
File a Petition with the Alabama Probate Court If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration. If the decedent did leave a will, the document is known as Letters Testamentary.
Alabama personal representatives must make annual settlements of their administration. A final settlement can be made six months from the date of the grant of Letters Testamentary or Letters of Administration. If the estate is closed in less than one year, the final settlement is the only settlement.
Creditors have two months from the date of publication to file their claims.
If probate is not filed within the given period, Alabama law will treat the estate as intestate. In other words, it will be treated as if there were no will (even if one exists), and the distribution of assets will follow the state's succession laws.
To reopen an estate for subsequent administration, the interested party, often the Personal Representative must petition the probate court to reopen the estate. The probate court may re-appoint the same Personal Representative or another personal representative to administer the subsequently opened estate.
Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.
