How do you probate an estate without a will in Alabama?

File a Petition with the Alabama Probate Court The initial petition requests that the court appoint someone to act as personal representative. If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration.

Do I have to apply for probate if there is no will?

There is no need for probate or letters of administration unless there are other assets that are not jointly owned. Probate or letters of administration will be needed so the personal representative can pass it whoever will inherit the share of the property, according to the will or the rules of intestacy.

Does Alabama require probate?

Is Probate Required in Alabama? 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.

How does probate work without a will?

When there is no will in place, the probate court must determine who are rightful heirs to property and other assets of the deceased. Most states follow a similar order when deciding who are heirs to the deceased, including spouses, children, and parents.

How much does an estate have to be worth to go to probate in Alabama?

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.

Who is executor if no will?

If a person dies without a valid will, there is no executor and therefore they have died intestate. Therefore, the next of kin, such as a spouse, takes on the role of administering the deceased’s estate.

Are there things that are not probate assets in Alabama?

Some items that the decedent owned may not be “probate assets” under Alabama law. These “non-probate assets” are not part of the Alabama estate (but may be considered part of the taxable estate for estate tax purposes). You should look at everything the decedent owned to determine which items are Alabama probate assets and which are not.

What happens if there is no will in Alabama?

The Deceased Person is Not Survived by Family. Not survived by any family members – In the unlikely circumstance that the deceased person is not survived by any family members as described above, then the entire probate estate will escheat to the State of Alabama.

Do you need a probate attorney in Alabama?

You should talk to the Alabama probate attorney about whether any item is a probate asset under Alabama law. Once you have taken these preliminary steps, you should be able to give the Alabama probate attorney enough information to determine whether probate is required.

Are there inheritance laws in the state of Alabama?

No matter whether you pass away with a valid will prepared or not, Alabama’s inheritance laws are quite elaborate and complicated. This is mostly because of its probate court that includes multiple ways you can file. So even though the state doesn’t have its own inheritance or estate tax, the estate planning process isn’t really any simpler.

How do you probate an estate without a will in Alabama? File a Petition with the Alabama Probate Court The initial petition requests that the court appoint someone to act as personal representative. If the decedent did not leave a will, the document appointing the personal representative is called Letters of Administration. Do I have…