Asked in Estate Planning, Family Law, Traffic Tickets and Probate for Alabama

Q: If there is no property no money in a bank do you have to open up a estate after someone is deceased and there is a will

2 Lawyer Answers
Mr. James Parrish Coleman
Mr. James Parrish Coleman
Answered
  • Probate Lawyer
  • Robertsdale, AL

A: If there are no assets, generally speaking, there is no reason to open an estate. Remember that a Last Will and Testament is of NO legal effect unless an estate is opened. You should talk to an attorney in your home county and explain all of the facts and then make a decision about opening an estate or not.

Jack T. Carney agrees with this answer

Jack T. Carney
Jack T. Carney
Answered
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: It usually does not make sense to spend money to open an estate when there are no assets. There may be other reasons to open an estate, such as if an estate would need to be a party in a lawsuit. For example, in a wrongful death case an estate may be opened even though there are technically no assets in the probate estate.

This response is general information only. I do not have enough information to provide a specific answer to your situation. Further, this response is not intended to form an attorney client relationship. If you have questions about your legal rights, please consult with an attorney.

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.