Do you need to go through probate if there is a will?
There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it. There are some exceptions to this.
What determines if an estate goes to probate?
Where the deceased owns property that is held as “tenants in common” with another person/s, probate will be required. The property will form part of their estate. The deceased’s share of the property will pass to the beneficiaries nominated in their Will.
Why do you have to probate a will in Alabama?
Probate of a Will is the administration of an estate to insure that all of the property is disposed of properly. It is the Probate Judge’s responsibility to make sure that all of the laws in Alabama regarding the distribution of estates are followed.
What happens if an executor of a will does not want to act?
If the executor refuses to apply for the Grant of Probate, then a beneficiary (or next of kin) can write to the executor to give notice that they are applying to court for someone else to administer the estate. The next of kin can apply for the Grant once they have obtained a court order.
What happens if a will is not probated?
What Happens If You Never Go to Probate? If Probate is necessary but never established, beneficiaries will not receive their inheritance or assets. The assets of the deceased person will be held by the state and frozen as there are no legal beneficiaries of the assets.
Do you have to probate a will in Alabama?
Does a Will Have to Be Probated in Alabama? Yes, a will must be probated in Alabama. The will is filed with the court to ensure that the correct procedures are followed according to the wishes of the deceased.
Will A will be probated?
Probate is a legal process that is sometimes required to validate a deceased person’s will in order for their wishes to be carried out by an executor named in the will. The executor is the person responsible for administering the deceased person’s estate, ensuring debts are paid and remaining assets are distributed.
How do you avoid probate in Alabama?
In Alabama, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it’s similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
When do you do not need probate in Alabama?
So if a person did not own Alabama property, there is usually no need for an Alabama probate proceeding. Your first step is to determine whether the decedent has assets that should be included in the Alabama probate estate. This step is not as simple as it may seem. Some items that the decedent owned may not be “probate assets” under Alabama law.
What does the easement law say in Alabama?
Alabama Easement Law. An easement is a right of use over the land of another. Easements may be implied or express depending on the circumstances surrounding their creation.
Who is responsible for probate of an estate in Alabama?
Probate of a Will is the administration of an estate to insure that all of the property is disposed of properly. It is the Probate Judge’s responsibility to make sure that all of the laws in Alabama regarding the distribution of estates are followed. WHO SHOULD PROBATE A WILL?
Do you have to file a will in Alabama?
Yes, a will must be probated in Alabama. The will is filed with the court to ensure that the correct procedures are followed according to the wishes of the deceased. You have up to five years to file the will, and the estate may go through the small estate process or a formal probate, depending on the size of the estate.