Disclaimer

 

The information contained in this site is provided for educational purposes only. The information is not intended as, nor should it be considered, legal advice. The publishers of this information cannot and do not warrant that said information is correct or current. The publishers of this information do not assume and expressly deny any liability whatsoever for any action, inaction or consequences resulting from any reliance on any of the information contained herein.

 

Click here to get a referral of an attorney from the Alabama Bar Association or call (334) 269-1515.

Please call our office at (334) 832-1240 if you have any questions.

 

Probate of a Will

 

To probate a Will, the Probate Court must have:

1.                  The Original Will (A copy may be probated under some special circumstances.)

2.                  Petition to Probate Will (Form provided below)

3.                  Waivers from any next-of-kin of deceased (Form provided below)

4.                  Certified copy of the Death Certificate

5.                  $72.00 Filing fee (If the will is more than five (5) pages, please add an additional $1.50 for each page of the will after five.

 

 

** Note: If notice has to be given or a Guardian ad Litem must be appointed, there will be additional costs that will be assessed the day of the hearing to probate the will. **

 

Petition to Probate Will

Waiver on Probate of Will

Renunciation on Probate of Will

  

 

Letters of Administration

(When a person dies without a will)

 

When a person dies without a will, you must apply for Letters of Administration.  You will need to file with the Probate Court:

1.                  Petition for Letters of Administration with Itemization of Estate (Forms provided below)

2.                  Personal Representative’s Bond (Form provided below.  You will get bonded from an insurance company.)

3.                  Certified copy of the Death Certificate

4.                  $72.00 Filing Fee

 

--- How the bond is figured: 

1.                  One year’s estimated rental income on real property

2.                  One year’s estimated income from investments (stocks, bonds, etc.)

3.                 Total value of personal property (vehicles, cash/investments, household items, etc.)

4.                DO NOT INCLUDE PROPERTY (SUCH AS REAL ESTATE) THAT CANNOT BE DISPOSED OF WITHOUT COURT ORDER OR SECURITIES DEPOSITED UNDER ARRANGEMENTS REQUIRING AN ORDER OF THE COURT.

 

Petition for Letters of Administration

Personal Representatives Bond

Itemization of Estate 

 

 

After Letters of Administration are issued, you MUST file an inventory within 60 days from the date of appointment.  Also, unless specifically exempt in the Will a personal representative must file an inventory within 60 days from the date of appointment. (Form provided below)

 

The filing fee for an inventory is $2.50 per page.

 

Inventory

 

 

Miscellaneous

 

 

Proof of Claim There is a $1.50 filing fee for filing a Proof of Claim on an estate and you have up to six (6) months to file from the date the Letters were issued on an estate.

 

 

 

 

Delegation of Powers      Please view form to see instructions and filing fee(s).
 
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Administration Building (Annex III)  101 S. Lawrence St.  Montgomery,  Alabama  36104
Email: publicaffairs@mc-ala.org