Probate in Alabama | AL Legal Resources | FastCounsel

What options exist to secure missing estate documents from uncooperative institutions in Alabama?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified probate attorney in Alabama for guidance specific to your situation. Detailed Answer When an institution holds or should hold estate documents but refuses to cooperate, Alabama law provides several tools to compel production. Below are common options under […]

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What Type of Deed Should Heirs Sign to Convey Their Interests in Out-of-State Property, and How Is It Recorded? (AL)

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney before taking action. Detailed Answer 1. Determine Your Authority to Convey When a decedent dies owning real property, title passes automatically to the heirs by intestate succession under Alabama law. If the estate has been opened in […]

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How Can a Client Verify Creditor Notice Requirements Were Satisfied in the Original Estate to Rely on the Two-Year Rule in Alabama

Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Alabama law, creditors must receive proper notice of probate proceedings before relying on the two-year bar for late claims. To verify that notice requirements were met in the original estate, follow these steps: Access the Probate File: Visit the […]

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Should a Personal Representative Open an Estate Account Under Alabama Law?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer Under Alabama law, a personal representative must safeguard the assets of the decedent’s estate. Opening a separate estate account is a key step to ensure transparency, ease of accounting, and compliance with state rules. Pursuant to Alabama Code § […]

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How to Determine If Other Creditors or Lienholders Could Have Claims to the Surplus Funds in Alabama

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When a foreclosure or lien-enforcement sale produces surplus funds under Alabama law, those funds must first satisfy higher-priority claims before reaching the former owner. Follow these steps to determine if […]

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What Steps Are Needed to Bring Real Property into an Estate to Pay Claims in Alabama

Disclaimer: This article is for informational purposes and does not constitute legal advice. Detailed Answer When a person dies owning real property solely in their name, that property typically becomes part of the probate estate so that creditors can be paid. Under Alabama law, you must follow these key steps: Obtain Letters of Administration or […]

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How can an estate administrator verify that payment fully satisfied the outstanding vehicle loan in Alabama?

Detailed Answer As an estate administrator in Alabama, you must confirm that any outstanding vehicle loan is fully paid before transferring or disposing of the vehicle. Follow these four steps to verify loan satisfaction under Alabama law: 1. Request a Lien Release from the Lender Send a written request to the lender or loan servicer. […]

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Can I Seek Reimbursement From the Estate for Paying the Funeral Bill in Alabama?

Detailed Answer Under Alabama law, funeral expenses paid by an individual on behalf of a decedent are treated as a priority claim against the decedent’s estate. The probate code grants these claims superior status so that expenses necessary to preserve or dispose of the decedent’s remains are paid before most other debts. Alabama Code § […]

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How does an incomplete or missing marriage certificate affect a surviving spouse’s allowance claim in Alabama

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Please consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Alabama law, a surviving spouse may claim a statutory allowance from the decedent’s estate to cover basic living expenses during probate. See Ala. Code § 43-8-91. To […]

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What is the process and timeline for applying to become the personal representative of an estate in Alabama?

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific circumstances. Detailed Answer: Applying to Serve as a Personal Representative in Alabama Understanding the Role of a Personal Representative In Alabama, a personal representative (also known as an executor or administrator) manages […]

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