Alabama — What Happens to Mortgage Payments and Utilities While an Estate Is in Probate
Managing Mortgage Payments and Utilities During Alabama Probate Not legal advice. This article explains general Alabama probate principles and common practical steps. Consult a licensed Alabama probate attorney for advice about a specific estate. Detailed answer: Who pays the mortgage and utilities while an estate is probated in Alabama? When someone dies in Alabama and […]
Read article →How to Decide Which Assets to List on an Alabama Small Estate Affidavit
How to Decide Which Assets to List on an Alabama Small Estate Affidavit Short answer: List every asset that is part of the decedent’s probate estate (property titled solely in the decedent’s name) and give a reasonable description and the fair-market value as of the date of death. Do not leave lines blank — if […]
Read article →Alabama — Do Survivorship or Beneficiary Assets Belong on a Probate Inventory?
Short answer Generally no. In Alabama, assets that pass automatically by right of survivorship or by beneficiary designation typically pass outside probate and are not part of the estate inventory a personal representative files for probate. However, exceptions and nuances can apply, so you should confirm the title, the beneficiary designation, and whether the probate […]
Read article →How to Open an Estate for a Sibling's House in Alabama — Probate Steps and Checklist
If your sibling died owning a house in Alabama and left no will, you will most likely need to open a probate estate so title to the house can be transferred legally. The steps below explain how the Alabama probate process generally works, what you’ll likely need to do, and practical tips to move the […]
Read article →Alabama: How to Locate a Missing Parent During Probate
Disclaimer: This is general information and not legal advice. Consult an Alabama probate attorney or the local probate court for guidance about your specific case. Overview If you are acting as next-of-kin in an Alabama probate matter and a parent cannot be located, the probate process includes steps you can take to find that parent […]
Read article →How to Tell If a Bank Account Fits Alabama's $20,000 Small‑Estate Limit
How to Confirm a Bank Account Is Below the $20,000 Small‑Estate Threshold in Alabama Short answer: Add up the value of the decedent’s probate assets (only those assets that must pass through probate). For bank accounts, confirm the account balance as of the date of death, determine whether the account is a probate asset (not […]
Read article →How to Use a Small Estate Affidavit in Alabama to Claim a Deceased Parent’s Bank Account
Detailed Answer: Can you use a small estate affidavit in Alabama to claim your father's bank account? Short answer: Possibly — but not by using North Carolina forms or procedures. Alabama has its own rules. Whether you can use a small‑estate affidavit (or other summary procedure) depends on how the account is titled, whether a […]
Read article →Alabama: Do You Automatically Become Guardian of the Estate If Appointed Guardian of the Person?
Detailed Answer Short answer: In Alabama, being appointed guardian of the person does not automatically make you guardian of the estate. The probate court distinguishes between authority over personal/medical decisions (guardian of the person) and authority over financial matters and property (guardian of the estate or conservator). You must seek a separate appointment from the […]
Read article →Alabama: When Is a Federal Tax Return Required for an Estate?
Detailed Answer Short answer: In most cases you do not need to file a federal fiduciary income tax return (Form 1041) for an estate if the estate received no gross income during the tax year and no beneficiary is a nonresident alien. However, other federal filings may still be required — for example, the decedent's […]
Read article →How to Transfer Brokerage Account Assets into an Estate Checking Account in Alabama
Detailed Answer If a person who owned a brokerage account dies, moving that account’s assets into an estate checking account typically requires following Alabama probate rules and the brokerage firm’s procedures. The basic legal framework for estate administration in Alabama is found in the Alabama Code (Title 43), which governs wills, administration, and the duties […]
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