Question 1

What is the non-emergency contact number for the local police station in Hoover, Alabama?

Accepted Answer

The Hoover Police Department can be reached at 205-822-5300 for non-emergency concerns.

Question 2

Where can I get a copy of police reports for incidents related to my case in Hoover, Alabama?

Accepted Answer

To get a copy of an incident or accident report, go to the Hoover Public Safety Center, 1st floor, 2020 Valleydale Road. The police department is open Monday to Friday 7:30 a.m. to 5 p.m. Please call 205-444-7739 first to inquire about the report’s availability. You can also mail a written police report copy request to the address below.

Hoover Police Department Attn: Records Unit 2020 Valleydale Road Suite 102 Hoover, AL 35244

Question 3

Is there a deadline for submitting a will for probate on Hoover, AL?

Accepted Answer

Yes. According to Alabama Code Section 43-8-161, wills are not effective unless probated within five years of the decedent’s passing. Individuals allowed to enter a will into probate in Hoover are those with interest in the estate and those who have custody of the will, including legatees, devisees, and executors named in the will.

Question 4

Where do you file petition for probate for decedent’s estate in Hoover, AL?

Accepted Answer

According to Alabama Code Section 43-8-162, the petition for probate must be filed in the probate court of the county where the decedent was residing at the time of passing. If the decedent was residing in Hoover, you can file either in the probate court of Shelby County or Jefferson County as the city is under both counties. It is advised that you seek assistance from a Hoover probate lawyer to ensure the filing is made in the right court.

Question 5

What happens to the decedent’s estate in Hoover if there is no will?

Accepted Answer

The distribution of an intestate (no will) estate is governed by Alabama Code Article 3 Intestate Succession. If the decedent has a surviving spouse, but no children and surviving parents, the estate goes entirely to the spouse. If there are children who are also children of the surviving spouse, the spouse gets the first $50,000, and half of the remaining value of the estate after claims are settled. More guidance on the matter can be provided by a Hoover probate lawyer.

Question 6

What are your rights as a beneficiary while the estate is undergoing probate in Hoover, AL?

Accepted Answer

While executors have authorization to administer the estate, beneficiaries also have rights in the probate process. Your rights as a beneficiary include viewing the will, getting documentation regarding estate assets, and receiving notification of probate actions. If you suspect misappropriation by the executor, you also have the right to request for them to be barred from access to estate funds and assets, or to be removed from the probate proceedings. A Hoover probate lawyer can help you lodge these requests.

Question 7

What happens to the decedent’s debts during probate in Hoover, AL?

Accepted Answer

Probate gives creditors six months from the time the probate was opened to submit their claims for payment against the estate. If a creditor fails to lodge their claim, they may be barred from collecting on the debt. If there are insufficient funds in the Hoover estate to cover all debts, claims will be paid in order of priority set in Alabama Code Section 43-2-371:

Funeral expenses.
Administration expenses
Last illness expenses
Owed taxes
Debts to employees
Other debts

Question 8

What does a probate attorney do?

Accepted Answer

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

Question 9

What is probate court?

Accepted Answer

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

Question 10

How long do you have to file probate after death?

Accepted Answer

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Question 11

Does life insurance go through probate?

Accepted Answer

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Question 12

Do household items go through probate?

Accepted Answer

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Question 13

Do bank accounts with beneficiaries have to go through probate?

Accepted Answer

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

Question 14

What happens if no probate is filed?

Accepted Answer

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

Question 15

What is probate real estate?

Accepted Answer

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Question 16

Can I probate a will or estate without an attorney?

Accepted Answer

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

Question 17

How many years can an estate remain in probate?

Accepted Answer

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

Question 18

When is a will's probate an automatic process?

Accepted Answer

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

Question 19

What does it mean when property is under probate?

Accepted Answer

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

We did the research for you!

Probate Lawyers FAQs

Expertise.com Concierge

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Business Description

Reputation:

Professionalism:

Frequently Asked Questions

What is the non-emergency contact number for the local police station in Hoover, Alabama?

Where can I get a copy of police reports for incidents related to my case in Hoover, Alabama?

Is there a deadline for submitting a will for probate on Hoover, AL?

Where do you file petition for probate for decedent’s estate in Hoover, AL?

What happens to the decedent’s estate in Hoover if there is no will?

What are your rights as a beneficiary while the estate is undergoing probate in Hoover, AL?

What happens to the decedent’s debts during probate in Hoover, AL?