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HARVILLE-STEIN LAW OFFICES, LLC
2159 S. MCKENZIE STREET, #250
FOLEY, AL 36535
Phone: 251.979.6641
SERVING BALDWIN COUNTY, ALABAMA
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| Estate Administration
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WHAT
HAPPENS TO MY PROPERTY IF I DO NOT WRITE A WILL?
If someone dies without writing a Will, they
have died “Intestate”. Each state has laws governing the distribution
of property when a person dies Intestate, called “Intestate Succession”
and most state laws are generally similar but may not be the same. A
summary of some of the laws of Alabama are shown below, but you should
remember that these laws may not apply if the deceased was not a
resident of Alabama, or if the property is located in another state. In
this list, “Issue” means all of the people who have descended from the
decedent. This includes children (both natural and adopted),
grandchildren (both natural and adopted), great grandchildren, and so
on.
Generally, in Alabama, if you die without a
will, the law provides for distribution as follows:
Property going to the surviving spouse:
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Entire estate if no surviving issue or parents of
decedent; |
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First
$100,000, plus ½ of balance of estate if there is no surviving issue
but there is surviving parent(s); |
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First
$50,000, plus ½ of balance of estate if there are surviving issue all
of whom are also issue of surviving spouse, or; |
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½ of
estate if there are surviving issue who are not issue of the surviving
spouse. |
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Property not going to surviving spouse: |
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If there is no surviving spouse, or there is property
left after the spouse receives his or her share, it passes under the
following priority: All of the property passes to the issue, unless
there are none. If none, all passes to the parents. If neither parent
is living, the estate passes to siblings, and so on generally under
this priority:
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1. Issue
2. Parents
3. Brothers and Sisters
4. Grandparents
5. Aunts and Uncles
(one-half to maternal side of family, one-half
to paternal side of family)
6. Cousins (one-half to maternal side of
family, one-half to paternal side of family)
7. If none of above, escheats to state of
residence |
MY RELATIVE
HAD A SMALL ESTATE, DO I NEED TO PROBATE IT?
Small estates can get preferential or
streamlined treatment under the law, called Summary Distribution of
Small Estates, if several conditions are met. This still must be
done by properly petitioning the probate court. One condition, is
that it only applies to an estate that contains only Personal Property.
Personal Property is what we think of as our “stuff” and includes bank
accounts, cars, jewelry, furniture, 401K accounts, cash, coin
collections, guns and similar items. Personal Property is
distinguished from “Real Property”. Real Property is our home,
rental property, vacation property and land. Small estate
treatment is not available to an estate that contains Real Property. In
addition, the value of the estate cannot exceed $25,000. Several other
conditions must also be met. If the estate does not qualify for a
Summary Distribution of Small Estates, another method may yet be
available. This second method permits a surviving spouse, minor or
dependent child or adult child, to file a petition on a small estate
for certain Allowances and Exemptions to be set aside for them, without
a formal administration of the estate, where the amount involved does
not exceed $15,500 for spouses and minor and dependent children and
where the estate does not exceed $3,500 for adult, nondependent
children. We can assist you in evaluating whether your situation will
permit the filing for the Summary Distribution of Small Estates or
filing for Allowances and Exemptions without a formal administration.
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ALL MY RELATIVE HAD
WAS A SMALL BANK ACCOUNT, HOW DO I COLLECT IT?Sometimes a person dies and the heirs and next-of-kin
find that there may be only one asset, a bank account, that belong to
the decedent, or loved one who died. In some cases, the account
is owned “joint with right of survivorship”. If the account
is owned “joint with right of survivorship”, then the person whose
name appears as the survivor, is entitled to the balance of the funds
in the account and can usually collect them without a formal probate
process. Additionally, the account could be set up “Payable
on Death” or “P.O.D.”. An account set up Payable on Death
is just that, payable on death to the person or persons named and this
usually does not require a formal probate process. However,
sometimes a person dies with an account that is not jointly owned with
right of survivorship, or is not payable on death. In this case,
depending on the amount of funds in the account, a Summary Distribution
of Small Estates or the filing for Allowances and Exemptions may be
the solution, if certain other requirements are met. You
should contact us so we may evaluate the method required to obtain
funds “frozen” in a decedent’s bank account.
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HOW WE CAN HELP
At
Harville-Stein Law Offices, LLC, we are experienced in probating
estates where a family member has died in Alabama without a Will, known
as dying Intestate, and the Administration of an Intestate
Estate. In any county in Alabama, including Jefferson County,
Shelby County, Talladega County, St. Clair County, the Birmingham and
Bessemer area, we can open the Intestate Estate for you. In
certain circumstances, you will not have a family member who is
available or qualifies to serve as the Personal Representative or
Adminstrator/Administratrix of the Estate and we can evaluate our
ability to serve as both the attorney for the Estate and the personal
representative, if you desire. We are able to obtain bond, a
requirement for any Intestate Estate Personal Representative. We
are experienced in obtaining appraisals of real property and personal
property and in their sale so that the funds can be divided among the
rightful heirs. |
IN SUMMARY |
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We have administered Intestate Estates as the Personal
Representative |
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We
have and can serve as the Attorney for the Estate and the Personal
Representative |
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We
can obtain bond, a requirement for the Personal Representative to open
the Intestate Estate |
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We
are experienced in the valuation and sale of homes, cars and other
personal property |
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We
work efficiently through the Probate process |
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