Probate

Alabama Probate Court

Alabama Probate Court

November 30
00:00 -0001

Alabama Probate Court

Quick Guide to Alabama Probate Court
 
 
Alabama Probate Court
 
 
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.  
 
 
Specific Steps for Probate in Alabama
 
 
AL probate courts follow detailed and step-by-step procedures.  If any one of these steps is not fully completed or addressed, the probate procedure may become delayed.  Below is a list of steps for AL probate:
 
 
File a petition
 
 
An executor must take immediate control of the estate
 
 
An inventory must be submitted to a judge within 2 months
 
 
A bond value and estimated annual income from the estate must also be submitted to the judge
 
 
Letters of Notice must be given to all beneficiaries of the estate, and Letters of Testamentary must be granted
 
 
A Notice to File Claims needs published every week for 3 consecutive weeks, and notice must be supplied to anyone with a claim against the decedent within six months
 
 
The estate cannot be divided until all claims are addressed and all liabilities have been paid
 
 
An Alabama probate court must approve all attorney’s fee
 
 
Rights as a Personal Representative
 
 
AL probate courts give specific rights and powers to personal representatives.  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
 
 
Seeing that all financial institutions and utility services are contacted
 
 
Abandoning all valueless property
 
 
Paying assessments
 
 
Holding securities
 
 
Insuring assets
 
 
Settling claims and settling with debtors
 
 
Paying taxes and other expenses
 
 
Selling or overseeing stocks
 
 
Employing attorneys
 
 
Prosecuting or defending claims
 
 
Continuing a business whether unincorporated or not
 
 
Limiting liability
 
 
Making repairs or improvements
 
 
Subdividing lands
 
 
Tending to leases greater than one year in length
 
 
Selling real estate
 
 
Entering mineral leases
 
 
Valid Wills
 
 
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
 
 
Be signed with an additional two signatures from witnesses at the time of the signing.  
 
 
How to Locate Alabama Probate Courts
 
 
In order to find a detailed and complete list of all AL probate courts, you should consider visiting the official website of the Alabama Secretary of State.  You can find the address and phone number of every AL probate court.  Additionally, you can find the standing judge of each court, and each court is listed under an alphabetical list of counties within the state of AL.  
 
 
When searching for court, you should also consider searching for a real estate attorney at the same time.  
 
 
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