Legal Question in Wills and Trusts in Virginia

Re: Distribution of bank account

In Alabama (and I'm not sure from your post that the probate is in Alabama) the administrator needs to wait 6 months to make sure that all claims are satisfied before he can distribute assets from the estate. Generally what you should do is to do nothing for 6 months other than gather the bills (pay any that are immediately due such as mortgages to avoid a foreclosure). Then at the end of six months pay off the remaining creditors, then distribute the cash. Then the property should be deeded to all as tenants in common and promptly sold and the proceeds split.

Sterling L. DeRamus

Re: Distribution of bank account

The administrator's first duty is to make sure

that all valid debts of the decedent are paid

first. This often requires holding some of the

money back to ensure that money will be

available to pay any valid debts that turn up.

Most of the time, this involves waiting to see

if any valid debts turn up. Frequently, an

administrator will distribute most of the money

and then hold back a reserve which will be

available to pay any valid debts.

However, once it is clear that all debts have

been paid off, the administrator can of course

distribute the funds equally among the heirs.

You said there are 3 adult children. I am

assuming that there are ONLY 3 children, and

all of them are adults.

I am also assuming there is no spouse involved.

The administrator is supposed to file an

inventory with the Circuit Court, and must

document who got all of the property.