What form should be filed for someone who died intestate in Alabama?
Full Question:
What form should be filed for someone who died intestate in Alabama?
02/16/2009 |
Category: Wills and Es... ยป Intestacy |
State: Tennessee |
#15260
Answer:
When a person dies intestate, a petition for adminstering the estate and appointment of an adminstrator (male) or administratrix (female) is filed with the court, requesting letters of administration to be issued so that the adminstrator(-trix) may settle the affairs of the decedent's estate.
In cases where the estate isn't valued at more than $3,000, a summary administration process is available for small estates. A petirion for summary administration is filed to distribute the estate without the formal administration process and typically an heirship affidavit is used to describe the heirs, assets, and debts of the decedent.
The following are AL statutes:
§ 43-2-40. Generally.
Courts of probate, within their respective counties, have
authority to grant letters of administration on the estates of
persons dying intestate, as follows:
(1) Where the intestate, at the time of his death, was an
inhabitant of the county.
(2) Where the intestate, not being an inhabitant of the
state, dies in the county, leaving assets therein.
(3) Where the intestate, not being an inhabitant of the
state, dies out of the county, leaving assets therein.
(4) Where the intestate, not being an inhabitant of the
state, dies, leaving no assets therein, and assets are
afterwards brought into the county.
(5) Where the intestate, being an inhabitant of the state,
dies, leaving no assets subject to administration in the
county of his residence, and no administration has been
granted in such county within three months after the death of
the intestate, then administration may be granted in any
county where the intestate leaves assets.
§ 43-2-692. Petition for summary distribution; probate judge to take
possession of assets of estate; when surviving spouse or
distributees entitled to personal property without
administration.
(a) The surviving spouse, if there is one, otherwise the
distributees of an estate of personal property only, may
initiate a proceeding for summary distribution of the estate by
filing a petition as hereinafter provided in the probate
judge's office of the county in which the decedent was
domiciled at death. The petition shall include a description of
the estate of the decedent. The judge of probate or his duly
authorized clerk shall take actual possession of any liquid or
negotiable assets and constructive possession of all other
personal property of the decedent.
(b) The surviving spouse or distributee shall have a
defeasible right to the personal property of the decedent
without awaiting the appointment of a personal representative
or the probate of a will if all of the following conditions
exist:
(1) The value of the entire estate does not exceed
$3,000.00;
(2) The decedent died a resident of this state;
(3) No petition for the appointment of a personal
representative is pending or has been granted;
(4) At least 45 days have elapsed since the filing of a
petition for summary distribution under this division and at
least 21 days have elapsed since the first notice thereof was
published as hereinafter provided;
(5) All funeral expenses of the decedent have been paid, or
alternatively, that arrangements for the payment out of the
estate of the decedent of all unpaid funeral expenses have
been made by the surviving spouse or other distributee;
(6) If the decedent died intestate, the awards due under
Alabama descent and distribution statutes to the surviving
spouse and to the child or children have been determined by
the probate judge, and a certified copy of such determination
has been transmitted to the surviving spouse and the child or
children;
(7) If the decedent died testate, a document purporting to
be his will, which on its face, is properly executed,
witnessed and attested in compliance with Alabama law, has
been duly filed in the probate judge's office;
(8) Notice of the filing of a petition for a summary
distribution under this division must be published once a
week for three successive weeks in a newspaper of general
circulation in the county in which the decedent was
domiciled, or if there is no newspaper of general circulation
in such county, then notice thereof must be posted at the
county courthouse for three weeks;
(9) All claims against the decedent's estate have been paid
or arrangements for the payment out of the estate of the
decedent have been made by the surviving spouse or other
distributee according to the following priority:
a. First, to each person entitled to payment for any
funeral expenses owed by the decedent or his estate; then
b. To the judge of probate for fees and charges incurred
in the proceedings for summary distribution; then
c. To any person entitled to payment for expenses
incurred in the decedent's last illness; then
d. To the state of Alabama, the county and any
municipality therein for taxes assessed on the estate of
the decedent previous to his death; then
e. To each secured creditor under article 9 of Title 7 of
this Code; then
f. To each unsecured lienholder; then
g. To each remaining general unsecured creditor of the
decedent; then
h. To each surviving spouse, child or other distributee
who is entitled to take under Alabama's descent and
distribution laws, or, alternatively, to each devisee
entitled to take under any testamentary disposition of the
decedent.
§ 43-2-694. Transfer of property or evidence of rights therein to
surviving spouse or distributees.
Upon delivering a copy of the judge's order for summary
distribution or an affidavit executed by any person having
knowledge of the fact and alleging the concurrence of the
conditions listed in subsection (b) of section 43-2-692 showing
the defeasible right therein, together with a copy of the
decedent's will if the claim is under such will, such spouse or
distributee shall be entitled to have the decedent's property
or the evidence of the decedent's ownership in such property
transferred to him by any person owing any money to the
decedent's estate, having custody of any personal property of
the decedent or acting as a registrar or transfer agent of any
evidence of interest, indebtedness, property or right of the
deceased therein.
