how to file a petition to open probate in alabama without a lawyer

by Lisa Brekke 10 min read

How to Open an Estate for Probate in Alabama.

  • Determine the Type of Alabama Probate Proceeding to Open. The lawyer’s first step is to determine the type of probate proceeding to open. If the ...
  • Determine the Appropriate Alabama Probate Court (Jurisdiction)
  • File a Petition with the Alabama Probate Court.
  • Provide Notice to Spouse/Next of Kin.
  • Obtain and Submit a Personal Representative’s Bond.

Full Answer

How do I file for probate in Alabama?

Alabama has developed its own probate code, which is Section 43 Chapter 8. This entire chapter lays out the requirements and process for filing and completing probate. You can also find more details about probate at each county’s website, which will tell you information about filing and other details.

Do I need to hire an Alabama probate attorney?

If the deceased person had Alabama assets that are in his or her name alone, chances are that Alabama probate is required. This is the first thing we go over in our free telephone consultation. Do I need to hire a Alabama probate attorney? Probably. Alabama probate is not a do-it-yourself project.

Can I represent myself in Alabama probate proceedings?

While there is no legal rule preventing you from representing yourself, Alabama probate proceedings involve complex legal rules and fiduciary duties that can get you in trouble if not handled correctly. In our experience, Alabama probate courts uniformly recommend that you engage an Alabama probate attorney to help you with the estate.

How do I file a petition for probate and a will?

Before you can file your petition for probate and the will, you must find out the fee. Courts to determine the fee, which can vary from one district or county to the next. Before you go to the court with the money and form, you should make a copy of the documents for your own records.

How do I file a Petition for probate in Alabama?

How to Open an Estate for Probate in AlabamaDetermine the Type of Alabama Probate Proceeding to Open. ... Determine the Appropriate Alabama Probate Court (Jurisdiction) ... File a Petition with the Alabama Probate Court. ... Provide Notice to Spouse/Next of Kin. ... Obtain and Submit a Personal Representative's Bond.More items...

Do you need an attorney for probate in Alabama?

Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.

Can I do the probate process myself?

Completing a paper probate application form If there's not a will, fill in form PA1A. You can do this yourself or you can call the probate and inheritance tax helpline for help completing the form.

Do it yourself probate in Alabama?

Alabama probate is not a do-it-yourself project. While there is no legal rule preventing you from representing yourself, Alabama probate proceedings involve complex legal rules and fiduciary duties that can get you in trouble if not handled correctly.

How do you probate a will without a lawyer?

How to probate a will without a lawyer1) Petition the court to be the estate representative. ... 2) Notify heirs and creditors. ... 3) Change legal ownership of assets. ... 4) Pay funeral expenses, taxes, debts and transfer assets to heirs. ... 5) Tell the court what you have done and close the estate.

How much does probate cost in Alabama?

Pricing for Alabama Probate Services Fees for full representation typically start at around $2,500.00 for very simple estates. Fees for unbundled legal services can be less than $500.00.

Do I need to open a bank account for probate?

If the value of the account is over the threshold, then a grant of probate will be required. In the time between the date of death and the Grant of probate being obtained, the Executor is only able to access funds for funeral payment or payment of any Inheritance Tax bills.

How do I fill out a probate form?

Probate application form PA1 guidance notesAbout the applicant(s). Give your personal details and the details of any other applicant: name, address and contact details.About the person who has died. ... The will and codicils. ... Relatives of the person who has died. ... Applying as an attorney. ... Foreign domicile. ... Inheritance tax.

How long do you have to file probate after death?

So, how long do you have to file probate after death? If a Will nominates an Executor, then the Executor has 30 days from the date of the Testator's death. They must present the Will to the Court and ask to file a Petition to open probate.

How much does an estate have to be worth to go to probate in Alabama?

$25,000In Alabama, if an estate doesn't have any real property and the value doesn't exceed $25,000, after waiting 30 days, you can use what's known as a summary probate procedure.

What happens if a will is not probated within 5 years in Alabama?

What if you miss the deadline? If the will is not offered for probate within the provided time then it's as if the decedent did not leave a will, and his estate is administered as an “intestate estate.” This, of course, could result in a completely different distribution of property from what the testator intended.

How long does probate court take in Alabama?

How long does probate take? A. By law, the probate of an estate in Alabama will take at least six months. This period gives creditors and others with a claim on the estate time to receive notice that the estate is being probated and to submit a claim.

Determine The Type of Alabama Probate Proceeding to Open

The lawyer’s first step is to determine the type of probate proceeding to open. If the decedent’s assets cannot be disposed of using the homestead...

Determine The Appropriate Alabama Probate Court (Jurisdiction)

The lawyer determines the right court in which to file the estate proceeding. For Alabama residents, the estate is usually opened in the county in...

File A Petition With The Alabama Probate Court

A petition is a document requesting that the judge open the estate. This document brings the matter before the probate court.The initial petition r...

Provide Notice to Spouse/Next of Kin

The spouse or heirs of the decedent are given at least 10 days notice before the hearing on the Petition to Admit Will to Probate is heard by the A...

Obtain and Submit A Personal Representative’S Bond

Unless the will waives bond, the personal must obtain a fiduciary bond or post collateral. The amount of the bond or collateral is usually equal to...

The Lawyer Attends A Hearing With The Alabama Probate Court

Once the initial documents are filed with the probate court, the lawyer may attend a hearing to present the case to the probate judge. This is usua...

The Next Step in Alabama Probate: Estate Administration

After the lawyer has started the probate process by obtaining Letters Testamentary or Letters of Administration, you can proceed with administering...

Related Resources on Alabama Probate

1. Is Alabama Probate Necessary? 2. Opening the Estate 3. Estate Administration 4. Closing the Estate

What happens when you file a probate petition?

Once the petition for probate is filed with the court, a hearing may be scheduled where the court will approve a chosen executor or appoint someone to act on behalf of the estate. However, nothing else can be done until the petition is filed.

Who can talk to an estate attorney about probate?

Anyone who is the executor of an estate or the personal representative can talk to an estate attorney to find out if their estate must go through probate. What It Means to File a Petition for Probate. If it’s determined that the estate must go through probate, you’ll need to file a petition for probate to be opened.

What is the first step to take when someone dies?

The first step which must be done when someone dies is to find the will and file it with the court. It doesn’t matter if the estate must go through probate. If a will exists, it must be presented to the court when the person dies. To file the will, you will submit it to the court in the county where the person lived.

How to get a second copy of a petition?

Take the form and fee to the clerk’s office. Give it to them and ask them to stamp a second copy for your records. This stamp will show the date and time you filed the petition to ensure you met any requirements of the state. When you take this step, you may also have to file a bond with the court.

What happens if no one is named in a will?

If no one was named in the will or no will exists, someone can offer to act as the personal representative. In either case, the court must accept the request. If you don’t live in the state where probate must take place, you’ll need to find out whether you can act as executor.

Can an affidavit be used in place of probate?

In other cases, an affidavit may be used in place of probate. For other estates, they must go through probate before the heirs can receive ownership of the assets.

Is probate required when someone dies?

Probate isn’t always needed when someone dies, but it’s required most of the time. Whether probate is necessary depends on state law, which can vary by state. Much of the time, the law allows for certain estates to bypass probate as long as they don’t exceed a certain dollar amount in value.

How long does probate take?

The entire process of probating an estate can take anywhere from a few months to more than one year, depending on the size and complexity of the said estate. Successfully wrapping up this type of will requires attention to detail and following a methodical approach when dealing with all aspects as they come along during the course.

What Happens During the Probate Process?

Once the will has been filed, it is examined by a court to make sure that all of the necessary signatures and witnesses are present.

How can I avoid probate?

Probate is a necessary process in many cases, but you have some decisions to make first. Joint ownership of property will allow the other owners to take over and sell your share if anything should happen without having to go through any sort of court proceedings or interference from anyone else.

How long does it take to file probate in Alabama?

How Long Do You Have to File Probate After Death in Alabama? According to Alabama Probate Code, probate must be filed within five years after the death of the owner of the estate . It may be filed by the person named as executor in the will or anyone named in the will or who has a financial interest in the estate.

What is probate in Alabama?

Probate in Alabama is similar to what happens in any other state. Certain processes must be followed to ensure the estate is handled according to the wishes of the deceased. The will is filed with the probate court in the county where the deceased resided.

What happens if there is not enough money in liquid assets to pay probate fees?

If there is not enough money in liquid assets to pay the fees or other debts, the executor will be responsible for selling other assets with the court’s approval.

What is the executor responsible for?

The executor is responsible for paying the debts of the estate and filing taxes. Once all debts have been paid, the executor can distribute the remaining assets and petition the court to close probate.

How long does a small estate have to be published?

The small estate act allows for the heir to receive the assets if the value of the estate is not more than $25,000, notice of the estate was published for one week, and all expenses have been paid or arrangements made.

Can an estate go to probate?

You can avoid having an estate go to probate if all assets are placed in a living trust. Any assets that pass directly to a beneficiary need not go through probate to transfer the ownership because it happens automatically. This type of asset includes life insurance policies with a named beneficiary.

Can you put your assets in a trust?

If you hire an attorney, you can place your assets in a living trust. Your beneficiaries who are named in the trust would receive the assets with no need for probate. If certain major assets, such as the family home, are owned jointly by spouses, the surviving spouse becomes the sole owner of the asset.

What is the name of the person who is appointed to probate an estate in Alabama?

This person or organization is called a personal representative (PR). A PR is also known as an executor (if there is a will) or administrator (if there is no will).

How long does it take for a probate court to appoint a county administrator?

If the spouse, heirs, or largest in-state creditor fails to petition the probate court for letters of administration within 40 days, their right to priority is waived. The probate court will then appoint either the county administrator or any other qualified person who requests letters of administration.

What is the PR of a will?

If the decedent died without a will (intestate), the court appoints someone to serve as PR (administrator) of the estate. The PR cannot be under age 19, a convict of an “infamous” crime (whatever that means), or be mentally or otherwise unfit to serve. Preference is given to the following individuals: 1 Spouse; 2 “Next of kin” (an archaic term used to refer to the heirs of the estate); 3 Largest in-state creditor of the estate; 4 Any other person, except that in counties of over 400,000 persons, the county or general administrator is next in line behind the largest in-state creditor of the state.

How long does it take to close an estate?

This makes it impossible to close an estate in less than 6 months. And given that it takes a little time to get the estate open and file the documents to close the estate, an 8 to 10 month timeframe is a reasonable ballpark for simple estates.

Can you serve as PR in Alabama?

No. It’s up to you whether to serve as PR. If you are unwilling or unable to do so, no one can force you. This is so even if the decedent left an Alabama Last Will and Testament naming you to serve as executor. You can always decline and allow someone else to assume the role.

Can a person who leaves a will be a PR in Alabama?

If the decedent left a will naming a PR, that person need not be a resident of Alabama. But if there is no will, the PR must be an Alabama resident unless he or she has already been appointed to serve as PR in another state.