How Does an Executor Obtain an EIN for the Estate in Alabama?
Detailed Answer When an individual named executor (also called personal representative) needs to administer an estate in Alabama, the first federal requirement is to obtain an Employer Identification Number (EIN) for the estate. The EIN functions as the estate’s taxpayer identification number for filing estate income tax returns, paying debts, and distributing assets. 1. Secure […]
Read article →What is the difference between common and solemn form probate in Alabama?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an Alabama probate attorney for guidance specific to your situation. Unlike North Carolina’s “common” and “solemn” probate forms, Alabama law divides probate into two primary procedures: informal (summary) administration and formal administration. Both procedures settle a decedent’s estate […]
Read article →Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Alabama Estate?
Detailed Answer Under Alabama law, a personal representative must file a complete, sworn inventory of the decedent’s assets—including all personal property—within four months of appointment. See Section 43-8-80, Ala. Code. This inventory is the foundation for calculating the year’s allowance, which gives a surviving spouse and minor children a preferential right to a specified amount […]
Read article →How to Request and Schedule a Probate Hearing in Alabama When None Is Set
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for guidance. Detailed Answer In Alabama, a probate hearing sets the court date to review a petition—such as proving a will or appointing a personal representative. Under Alabama Code § 43-2-604, the petitioner […]
Read article →How to Serve Court Orders on Interested Parties to Move a Probate Case Forward in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your situation. Detailed Answer When you file petitions or accountings in an Alabama probate court, you must serve court orders or citations on all interested parties before the court can act. Below is an […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in AL
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer What Is an Initial Probate Representation Agreement? An initial probate representation agreement (also called an engagement letter) is a written contract between you and your attorney. Under Alabama Rule of […]
Read article →May I Petition a Court to Remove an Estate Administrator in Alabama?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under Alabama law, you can ask a probate court to remove an estate administrator (also known as a personal representative) who fails to fulfill their duties. The key statute […]
Read article →How to Request an Extension for Filing a Final Accounting in Probate in Alabama
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer Under Alabama law, personal representatives must file a final accounting within one year of qualifying. See Ala. Code § 43-2-380. If you need more time, you can ask the probate court for an extension. Follow these steps to request extra time: […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Car Accident Lawsuit in Alabama?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer Under Alabama law, only a personal representative of the deceased’s estate may file a wrongful death lawsuit. Alabama Code Section 6-5-410 states that a personal representative can bring this action for the benefit of the surviving spouse and next of […]
Read article →How do I apply for letters of administration and what AOC forms are required in Alabama?
Detailed Answer: Applying for Letters of Administration in Alabama Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. 1. What Are Letters of Administration? Letters of administration are court-issued documents that authorize a person (the personal representative) to manage and […]
Read article →