How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in Alabama?
Detailed Answer When a relative passes away, financial assets—such as bank accounts, uncashed checks or insurance proceeds—may become unclaimed property if the owner does not access them for a period defined by law. In Alabama, the Uniform Disposition of Unclaimed Property Act (Title 35, Chapter 12A) governs how to locate and recover these assets. 1. […]
Read article →What factors influence the timeline for completing the probate process in Alabama?
Disclaimer: This article does not provide legal advice. It offers general information under Alabama law. For advice specific to your situation, consult a probate attorney. Detailed Answer Probate in Alabama follows a clear legal framework under Alabama Code Title 43. Several factors affect the timeline to complete probate: 1. Estate Complexity When an estate includes […]
Read article →What are the risks of probating my father’s estate in Alabama without an attorney?
Detailed Answer In Alabama, probating your father’s estate involves opening a case in probate court, gathering assets, notifying heirs and creditors, paying debts, and distributing property under court supervision. As the personal representative, you prepare and file a petition, follow court rules, and manage the estate until closing. Alabama Code § 43-8-81 (link) requires the […]
Read article →If Real Property Passes Automatically at Death, Why Must I Probate the Will? – AL
DISCLAIMER: This article is for educational purposes only. It is not legal advice. Consult a qualified attorney about your specific situation. Detailed Answer Under Alabama law, certain real estate can pass outside of probate when ownership is structured to transfer automatically. Common methods include: Joint Tenancy or Tenancy by the Entirety: When property is owned […]
Read article →What steps are involved in notifying creditors and handling claims after a death in Alabama?
Detailed Answer When someone dies in Alabama, their estate enters probate. A crucial part of probate is notifying creditors and handling claims against the estate. The Alabama Probate Code sets strict timelines and methods. Below is a step-by-step overview under Alabama law. 1. Appointment of a Personal Representative The court first appoints a personal representative […]
Read article →Can I use an obituary as proof of death to open an estate in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation. Detailed Answer Under Alabama law, a certified death certificate is the primary proof of death required to open probate. See Code of Ala. 1975, § 43-2-31 (link). Probate courts rely on […]
Read article →How do I prepare an heirship affidavit in Alabama?
What Is an Heirship Affidavit in Alabama? An heirship affidavit is a sworn statement that identifies the legal heirs of a person who dies without a will. In Alabama, probate courts accept these affidavits to distribute certain estate assets without formal administration, especially in small estates under $50,000. It also helps transfer real property titles […]
Read article →Can I Open an Estate and Become the Personal Representative if I am the Mother-in-Law in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation. Detailed Answer Under Alabama law, the probate court uses a set order of priority to appoint a personal representative (sometimes called an executor). See Ala. Code § 43-2-50. The court will […]
Read article →How to Probate an Unwitnessed and Unnotarized Will in Alabama
Detailed Answer Under Alabama law, a valid will must be in writing, signed by the testator, and attested by at least two competent witnesses as required by Ala. Code § 43-8-113 (link). Notarization is not required for validity but is needed for a self-proving affidavit under Ala. Code § 43-8-114 (link). Without the witnesses’ signatures […]
Read article →Can I Elect to Receive a Life Estate Instead of an Intestate Share in Alabama?
Detailed Answer Under Alabama law, there is no statutory mechanism allowing an heir or surviving spouse to convert an intestate share into a life estate. Dower and curtesy—common-law life-estate rights—were abolished and replaced by a statutory intestate-share system. Estate distribution is governed by Alabama Code Title 43, Chapter 8. For example, the surviving spouse’s share […]
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