Legal Question in Wills and Trusts in Alabama

if a person dies in alabama without a will, what legal action/forms can the family take to take possession of his possessions.


Asked on 5/05/10, 9:29 am

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

Normally an estate must be opened in the Probate Court of the county where the person lived and an Administrator is appointed by the judge. A family member can serve as Administrator, and their role is similar to that of an Executor, but is more restricted because there is no will. If the person died with assets in his or her sole name, this process is how those assets are passed to the family. Although people often simply take things rather than going through the formal process, the formal process will protect the family from the claims of creditors down the line. A lawyer is required to open the estate for the family. This is the area of law called "probate".

William G. Nolan, www.NolanElderLaw.com

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Answered on 5/10/10, 10:50 am


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