Q: In Alabama do I have to get waivers from or give notice to heirs outside state when filing petition for administration
I am opening my grandmothers estate and she has two children in other states who had no contact with her. I notified them but they have not sent waivers of notice back. It was my understanding, maybe wrongly, that I didn't have to give them notice anyway but was doing it to be kind.
A:
I can provide some general information that may help. If you want specific advice about how to proceed, it would be best to consult an attorney. Most probate courts actually require the assistance of an attorney when handling an estate administration.
When someone dies intestate (no Will), no notice is required to the heirs, but some courts may ask for a waiver as the heirs have the first right to serve as administrator. Even though no notice is required, these heirs will be the beneficiaries of the estate.
If there is a Will, then the heirs must sign a waiver or receive formal notice from the court.
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