Legal Question in Wills and Trusts in Alabama

Appointment as Personal Representative or Executor

How can I be appointed as the Personal Representative of Executor of my father's estate? My father died with a will. He has no assets within the will to be distributed as he sold his home in 1999. My 2 sisters and I jointly owned mutual funds with him. He has been the official tax holder of the mutual funds - he paid the taxes on the interests and dividends earned.

Our accountant said that there isn't really a reason to file probate except that someone needs to file his taxes for 2000. I am named in his will as his executor. Do I have to do something with a court in Alabama in order to be able to file taxes for him? I have applied for an EIN for his estate already.


Asked on 11/16/00, 7:34 pm

1 Answer from Attorneys
John Poti Law Office of John M. Poti

Re: Appointment as Personal Representative or Executor

A petition (and other paperwork) needs to be filed with the Probate Court in the county where your father last lived. The Probate Judge will then issue you "Letters Testamentary" which allow you to carry out and finalize your fathers business. Your father's estate will then remain open for 6 months in order for any creditors to make claims against the estate.

I hope this helps. If you have any further questions,please feel free to call me at (334) 361-3535.

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Answered on 11/27/00, 10:24 am


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