Any executor, devisee or legatee named in the will may probate a will. ALA. CODE § 43-2-851 requires the executor of a will to post bond. If bond is not waived in the will or if the petitioner is not named in the will as executor, then the probate court will require a bond.
The answer to your question depends on whether your father-in-law had a valid, self-proving Last Will & Testament when he died. If not, he is said to have died intestate, or with no will. In Alabama, the laws of intestacy succession come into play if there was no will.
Any part of a decedent's (person who has died) estate that is not effectively disposed of by his/her will would pass to his/her heirs (those surviving the decedent). (AL Code § 43-8-40 (2017)). However, if there is no spouse or children that survive the decedent (as in your case), then the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.