How can a client obtain appointment as administrator when a higher-priority heir exists in Alabama?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer 1. Priority Order Under Alabama Law Code of Ala. §43-2-50 sets a hierarchy for who may serve as administrator. The order is: Surviving spouse; Children; Grandchildren; Parents; Siblings; Next of kin. The court typically appoints the highest-priority available heir. 2. Grounds […]
Read article →How can a guardian or guardian ad litem be appointed to manage a minor’s interest in an estate in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer 1. Petition for Guardianship of the Estate Under Alabama law, any interested person—commonly a parent, personal representative of the decedent, or a beneficiary—may petition the probate court to appoint a guardian of the estate for a minor with an […]
Read article →What Steps Protect a Minor’s Inheritance When the Decedent Did Not Leave a Will in Alabama?
Detailed Answer When a person dies without a will in Alabama, state law governs how the estate passes to heirs. If an heir is underage, Alabama requires special procedures to safeguard that minor’s share. Below are the key steps under Alabama law. 1. Intestate Succession Rules Under Ala. Code § 43-8-61, a decedent’s estate passes […]
Read article →What Mechanisms Ensure the Administrator in AL Complies with Estate Duties and Bond Requirements?
Detailed Answer In Alabama probate proceedings, an administrator must meet statutory duties and bond conditions under Title 43 of the Alabama Code. The probate court enforces compliance through ongoing supervision, bond requirements, mandatory inventories and accountings, and, if necessary, removal or surcharge. Below is an overview of the key mechanisms: 1. Probate Court Oversight After […]
Read article →Can a personal representative seek a commission on estate assets and sale proceeds? Alabama
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation. Detailed Answer Under Alabama law, a personal representative—often called an executor or administrator—may petition the probate court for a commission on both the value of estate assets and the proceeds from their […]
Read article →What Are the Steps to Locate, Inventory, Distribute Estate Assets, and Settle Debts in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies in Alabama, the appointed personal representative (executor or administrator) must follow specific steps to locate, inventory, distribute estate assets, and settle debts under Alabama law. 1. Obtain Appointment File the decedent’s will (if one exists) with […]
Read article →Which court or county office handles estate administration and unclaimed property claims in Alabama?
Which court or county office handles estate administration and unclaimed property claims 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 situation. 1. Estate Administration in Alabama In Alabama, the Probate Court in the county where the decedent lived […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Alabama
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. In Alabama, probate estates are handled by the Circuit Court in the county where the decedent last resided. All filings, including petitions for probate, letters of administration, and wills, become a matter of public record once the court opens […]
Read article →What steps are required to open an estate proceeding when no probate case exists in Alabama?
Disclaimer: This article is for informational purposes only and is not legal advice. Detailed Answer When a person dies owning property in Alabama and no probate proceeding exists, a party interested in administering the estate must open an original administration. Below are the key steps under Alabama law to start that process. 1. Verify jurisdiction […]
Read article →What documentation is required to apply for letters of administration in Alabama?
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified attorney for guidance. Detailed Answer When an individual dies without a valid will (intestate) in Alabama, their estate must pass through probate under state intestacy law. To administer such an estate, you must apply to the Probate Court for […]
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