Legal Question in Wills and Trusts in Alabama

My sister husband died without a will and he has a small estate of about $1,000.00 dollars and my sister really need the money because has never worked. The company offering the money said that she must get a letter of Testamentary. I have already gotten bonded and have drafted a petition to the probate court for letters of administration. i have started a Waiver of Notice, but is having problem with who to put in the blank that says I, _________, hereby accept service of notice of the filing of the petition to probate and I need to know who need to sign as witnesses. Can his wife sign as a witness? By the way I live in Alabama . Would love to hire a lawyer, but we do have the money.


Asked on 2/08/11, 7:20 pm

1 Answer from Attorneys
Dean Stein Harville-Stein Law Offices, LLC

It is a common misunderstanding, that when opening an Administration, that is, without a Will, that you need waivers from next of kin. You do not. You only need waivers from all next of kin when you go to close the Administration. That waiver notice is used for probating a will.

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Answered on 2/09/11, 4:27 am


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