Do I need to probate my wife’s will?
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Do I need to probate my wife’s will?
How soon after death should this be done?
Asked on March 21, 2016 under Estate Planning, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
When a person dies and has a Will, there are certain procedures that must be complied with in order to legally make distribution to the beneficiaries. therefore, as a general rule a Will must be "admitted"into probate. That having been said, depending on the type and size of your late wife's estate, you may be able to utilize your states small estate process.
Here are some some that may help explain further:
https://law.freeadvice.com/estate_planning/wills/file-will.htm
http://www.probate.mobilecountyal.gov/AlabamaSmallEstatesAct/AlabamaSmallEstatesAct.htm
(This is for Mobile County but is the same statewide)
http://www.calhouncounty.org/probate/faq.html
(This is for Calhoun County but is the same statewide)
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