Serving Alabama and Georgia
FOR 20 YEARS
Estate Administration Legal Services
Get your Will and Estate Planning done before it’s too late
Estate administration in Alabama basically deals with the activities relating to collecting, valuing and distributing the assets of a deceased person. Estate administration also includes all the required legal and administrative activities regardless of whether a will is involved or not.
Having a valid estate plan can help you avoid disputes that may arise among beneficiaries, in addition to this it can also help dictate action if by bad luck you become incapacitated. The person whose role is to perform estate administration services is known as an executor. There are various tips which an executor needs to consider when performing estate administration, these tips include;
1) Ensure He or She has a copy of the Will
An executor is tasked with the responsibility of reading and understanding the deceased person’s will. You should also ensure that the will is filed with the local probate court. A probate court is basically a type of court that deals with the property of a deceased person. It is therefore important to have the will filed with the local probate court because the court will ensure that the remaining assets are distributed to the rightful beneficiaries.
2) File an inventory of the assets
The court will require the executor of the will to submit an inventory of all the assets in the estate. This therefore means that the executor will need to file a detailed inventory with the court.
Protect the property until it can be distributed
The executor needs to ensure that the property is well maintained and protected until it can be distributed to its rightful heirs. The executor should also find all personal property of the deceased and keep it safe until it’s time to either sell or distribute, for example if the executor finds a safety deposit box belonging to the deceased, he or she should ensure it is kept safe.
Settle the estate debts
The executor should notify all creditors to settle any debts they had with the property before it is distributed to the heirs. The procedure for notifying creditors is dictated by Alabama state law. Our firm at Steve Morris Law can assist you with these details. In addition to payment of debts the executor should ensure that all income tax returns of the property are filed. If the estate is large there may be other taxes such as federal estate taxes that would need to be settled as well.
The distribution of the assets occurs according to the wishes stated in the will by the deceased. In the event where there is no will available the state laws apply.
Dispose of any other property
After all the assets are distributed to their respective heirs and all the outstanding debts are settled any property left should be disposed. The executor is responsible for disposing the property.
Represent the estate in Alabama Probate Court
The executor is required to represent the estate in court. In case there are any lawsuits related to the estate the executor is responsible for appearing in court on behalf of the property.
In summary an executor’s job is to ensure that the property of the deceased is not tampered with. Should anything happen to the property, the executor shall be held accountable. These are the various things an executor needs to consider for effective estate administration.
Because of the complexity of Probate Law in Alabama, we advise you to retain the council of Steven R. Morris Attorney at Law to ensure your affairs are handled correctly.
Contact our office today at (256) 357-9211 or fill out the Free Consultation form on this page.
205 Main St South
Wedowee, Alabama 36278
DISCLAIMER: The materials contained in this website are for informational purposes and are not to be considered advertising or legal advice. This information is not intended to create, and receipt of it does not constitute or create, an attorney-client relationship between this firm and/or any lawyer in this firm with any reader or recipient of this information.