Q: My mom died without a will. is there a limit to file for probate meaning statute of limitation for probate?
I have only one sibling.
A:
If a person dies without a Will, then there is no technical time limit for probate. There is an order of priority for administrators (meaning who can be in charge of the estate). If someone does not file within 40 days of the date of death they are deemed to have waived their right to serve. In some Alabama counties this means the County Administrator gets the right to serve and if a family member still wishes to serve after that point they would need to get the County Administrator to waive their right.
If there is ever a reason to open an estate it’s usually important to do it as soon as possible.
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