Alabama: Do Administrators in Intestate Estates Have to Post a Bond?
Key points about probate bonds for administrators in Alabama Short answer: Courts typically require a bond for an administrator of an intestate estate, but interested heirs can often consent in writing to waive the bond. The probate judge has final discretion and may still require a bond to protect the estate. Detailed Answer This section […]
Read article →Applying to Serve as Administrator of an Intestate Estate in Alabama
Detailed Answer Short answer: To apply to serve as administrator of your mother’s estate in Alabama when she died without a will, you must open an administration (intestate) case in the probate court of the county where she lived, file a petition asking the court to appoint you as personal representative (administrator), provide required documents […]
Read article →Enforcing or Disputing an Oral Agreement to Divide Wrongful Death Proceeds in Alabama
Disclaimer: This information is educational only and is not legal advice. Laws change. Consult a licensed Alabama attorney about your specific situation. Detailed Answer — How to enforce or dispute an oral agreement dividing wrongful death proceeds in Alabama When wrongful death proceeds exist, Alabama law generally gives the decedent’s personal representative the right to […]
Read article →Alabama: Getting Court Approval to Release Estate Funds When Beneficiaries Disagree
Detailed answer — How to get the court’s permission to release estate funds when beneficiaries dispute the split (Alabama) Short answer: If beneficiaries disagree about how estate money should be split, the personal representative (executor or administrator) should ask the probate court for instructions or an order authorizing a limited or interim distribution. The court […]
Read article →Selling an Estate House in Alabama When a Co-Administrator Refuses to Sign
Selling an Estate House in Alabama When a Co-Administrator Refuses to Sign This article explains, in plain language, what steps you can take when an estate-owned house is facing foreclosure and one co-administrator declines to sign sale documents. It covers who has authority, what the probate court can do, urgent steps to slow or stop […]
Read article →Alabama: Which Assets Go Through Probate and Which Pass Directly to Survivors
Disclaimer: This is educational information only and not legal advice. For guidance about a specific situation, consult a licensed Alabama attorney. Detailed Answer — How Assets Move After a Death Under Alabama Law When someone dies in Alabama, assets follow different paths depending on how title or beneficiary designations are set up before death. Some […]
Read article →Alabama — Will distribution when a decedent’s home is sold
How funds from a sold home are treated in an Alabama probate estate Short answer: If the home was owned solely by your dad and was sold as part of administering his probate estate, then after valid debts, funeral and administration costs, taxes, and any statutory allowances are paid, any remaining sale proceeds become part […]
Read article →How to File a Deceased Parent's Will in Alabama When the Original Is Withheld
What to do if the original will is being withheld in Alabama Short answer: If the named original will is being withheld by a relative (for example, a step‑sister), you can ask the probate court in the county where your father lived to accept and probate a copy or to compel production of the original. […]
Read article →Alabama: Partition Proceedings When a Co‑Owner Is Incompetent and Has a Guardian
How a Partition Case Proceeds When a Co-Owner Has Been Adjudicated Incompetent and a Guardian Is Appointed This FAQ explains, under Alabama law, how courts typically handle partition litigation when one co-owner of real property has been declared incompetent and a guardian has been appointed for that person. Detailed Answer — Step‑by‑Step Overview When co‑owners […]
Read article →How Estate Funds Are Distributed to Children in Alabama — Step-by-Step Guide
How remaining estate funds are distributed to a decedent's children under Alabama law Short answer: After the personal representative (executor/administratrix) pays taxes, creditor claims, and administration expenses, they prepare a final accounting and ask the probate court to approve distribution. The court then issues an order allowing the representative to transfer cash and other assets […]
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