Can I recover personal items that heirs removed from the house before I took possession and enforce the court’s order? – AL
FAQ: Recovering Personal Items Removed by Heirs Before You Took Possession — Alabama Short answer: Possibly. Under Alabama law you can often try to recover personal property removed by heirs through a civil claim (for recovery of specific goods or for conversion) or by asking the court that issued the possession order to enforce it […]
Read article →How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? (AL)
Getting Probate Court Permission to Sell Real Property in Alabama This FAQ explains what you need to do to get the probate court’s permission to sell estate property in Alabama when the clerk’s office won’t explain filing requirements. This is educational information only and not legal advice. Detailed Answer — Step‑by‑step guide under Alabama law […]
Read article →What steps must an executor follow to sell real property to pay estate debts in AL?
How an executor in Alabama can sell real property to pay estate debts Disclaimer: This is general information, not legal advice. I am not a lawyer. For decisions that affect your legal rights, consult a licensed Alabama attorney or the probate court handling the estate. Detailed answer — step-by-step explanation under Alabama law When you […]
Read article →Can heirs of a deceased sibling be included in a partition action, and how do I add them? (AL)
Can heirs of a deceased sibling be included in a partition action, and how do I add them? Short answer: Yes. If a sibling who owned an interest in real property has died, the sibling’s successors (heirs or devisees) step into the deceased owner’s place and generally must be made parties to a partition action. […]
Read article →What Happens to a Safe Deposit Box After Someone Dies in Alabama (AL)?
What to Expect When a Safe Deposit Box Owner Dies in Alabama Short answer: In Alabama the contents of a safe deposit box are generally treated as part of the decedent’s estate. A bank will usually refuse access to third parties until the personal representative (executor/administrator) or an heir provides appropriate court documents or identity […]
Read article →When Can an Executor Be Removed in Alabama?
Detailed Answer: When can an executor (personal representative) be removed under Alabama law? This FAQ explains when a personal representative (commonly called an executor) can be removed from administering an estate in Alabama, what grounds a court will consider, how the removal process usually works, and practical steps an interested person can take. This is […]
Read article →What Is “Probate in Common Form” in Alabama?
Probate in Common Form under Alabama Law — FAQ Short answer: Probate in common form is a simpler, faster method to present and admit a will or administer an estate through the probate court. It usually requires less procedure than a formal (solemn) hearing, but it often carries less finality and may be subject to […]
Read article →When Should I Use Solemn Form Probate in AL?
Understanding when to use solemn-form probate in Alabama Short answer: Use solemn-form probate in Alabama when the validity of a will is contested, when a will cannot be admitted on its face (for example, because it lacks a self-proving affidavit or there are questions about signatures or witness testimony), or when you need live sworn […]
Read article →Is probate administration required when there is no will in Alabama (AL)?
Detailed Answer When a person dies without a valid will in Alabama, the estate is considered to be intestate. Intestacy means Alabama's laws determine who inherits the decedent's property and who has authority to administer the estate. Whether a formal probate administration is required depends on the type and value of the assets, how those […]
Read article →How can one close an estate bank account and obtain the required closing statement? (AL)
Closing an Estate Bank Account and Getting the Closing Statement in Alabama Detailed Answer When a person who held a bank account dies, the account becomes part of the decedent's estate (unless it is owned jointly or has a payable‑on‑death designation). In Alabama, closing an estate bank account and obtaining the formal closing statement typically […]
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