How to Locate and Identify Assets Held in Different Counties or States in Alabama
Detailed Answer Overview: Locating assets across multiple counties or states requires a systematic approach. You’ll combine public‐record searches, court procedures, and formal discovery. While you can gather many records on your own, Alabama law also lets you petition a probate or civil court to compel disclosure of unknown assets. 1. Begin with Known Documents Start […]
Read article →What information is needed to request estate files from a county probate division in Alabama?
Detailed Answer To request estate files from a county probate division in Alabama, you must submit a formal records request to the probate court where the decedent’s estate was administered. Alabama probate courts handle wills, administration of estates, and guardianships under Title 43 of the Code of Alabama. Probate records are public under Ala. Code […]
Read article →What procedures allow paying off a secured loan when no estate account exists in Alabama?
Understanding Procedures to Pay Off a Secured Loan in Alabama When No Estate Account Exists Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified Alabama attorney for guidance on your specific situation. Detailed Answer When a borrower dies in Alabama without an open estate account, resolving […]
Read article →What steps are required in Alabama to transfer an out-of-state property interest when all heirs agree and ancillary probate may not be needed?
Detailed Answer When an Alabama resident dies owning real property in another state, Alabama’s probate statutes generally do not govern that out-of-state asset. Instead, you follow the property state’s rules for transferring title. However, you can often avoid formal ancillary probate if all heirs agree and the property falls under the other state’s small-estate or […]
Read article →How can service of process be handled for minors or individuals under guardianship in Alabama?
When you need to serve legal papers on a minor or a ward under guardianship in Alabama, you must follow specific rules to ensure valid service. Alabama law provides separate procedures for individuals under disability, including minors (persons under age 19) and persons with appointed guardians. Detailed Answer Alabama Rules of Civil Procedure: Rule 4(d) […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Alabama
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In Alabama, you can use a court-ordered subpoena duces tecum to collect documents from third parties or government custodians in probate or civil actions. The process varies depending on whether you pursue the subpoena through the probate court or […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Alabama?
Detailed Answer In Alabama, when a decedent’s real property is sold as part of estate administration, the personal representative collects the sale proceeds and distributes them to heirs or devisees under court supervision. To direct the immediate distribution of your share of those proceeds, you generally must sign three key documents: a Letter of Assent, […]
Read article →Who is eligible to receive surplus proceeds when the property was solely in the deceased spouse’s name in Alabama?
Detailed Answer When a foreclosure sale or tax sale generates more revenue than the amount owed on a property, Alabama law classifies the excess as surplus proceeds. If the property stood solely in a deceased spouse’s name, the estate—and ultimately the heirs or beneficiaries—becomes entitled to that surplus. Below is a breakdown of how Alabama […]
Read article →What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Probate in Alabama?
What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Probate in Alabama? Detailed Answer When someone dies in Alabama, the personal representative (also called an executor or administrator) must notify creditors so they can file valid claims against the estate. Medical debt collectors count as creditors and follow the same […]
Read article →How to distinguish assets belonging to a deceased person’s estate from those held by a corporation in Alabama
How to Distinguish a Deceased Person’s Estate Assets from Corporate Assets in Alabama Detailed Answer When someone dies in Alabama, assets titled in that person’s name pass through probate and become part of the decedent’s estate. Assets owned by a corporation—no matter who controls or founded it—remain corporate property. You must separate estate assets from […]
Read article →