Legal Question in Wills and Trusts in Alabama

Re: Will and Probate

Jack is correct, you may be exempt from filing an inventory and posting a bond if the Will is your aunt's valid last will and testament. However, any interested person in her estate (any other named beneficiary in that Will) can nevertheless request that the Court order the filing of an inventory and posting of bond if they believe the estate should be "documented" and protected in that regard. Upon such petition of an interested party, most probate courts would grant such request and order the inventory filing and bond by you.

The estate administration will include the house. Who are the named beneficiaries in the Will? They will need to be notified, as well as your Aunt's next of kin. You don't mention if she was married at time of death. If so, then that surviving Uncle still has a homestead claim on the home, but which can be "purchased" from him by the estate for the amount of $15,500. Any surviving spouse has that minimum claim or protection in any Alabama probate, as well as some other possible claims depending upon your Aunt's particular circumstances.

Hope this is helpful, and if we can be of further assistance please let us know. Again, our sincerest condolences over your loss. Have a blessed rest of the week and Lord's Day. Chip

Re: Will and Probate

Your aunt can exempt you from the legal requirement of filing an inventory with the court. However, if the home was in her sole name, you would need to open an estate administration in order to transfer title to the property (regardless of anything in the will). Good luck.