Legal Question in Wills and Trusts in Alabama
Is it proper to file letters of administration when you're not sure if the decedent left a will?
Asked on 6/30/11, 8:05 am
1 Answer from Attorneys
William Nolan
Nolan Elder Law LLC
The normal process is of course to find a will if there is any reason to believe that one exists. Frequently though, either a person has hidden it somewhere and it can't be found OR a family member is holding it for some reason and won't let anyone know that it exists. If either is the case, then filing for Letters of Administration is the correct procedure. If someone has a will, it will force them to bring it to the Court's attention and then the matter can be converted to Letters Testamentary.
Answered on 6/30/11, 8:12 am
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