Boaz, AL asked in Probate for Alabama

Q: If when a male person dies and leaves no wife, children, property, or assets, must there be a probate by Alabama law?

My brother died in that condition, and no probate was ever executed.

He died in 1997 is it necessary now and what code of law covers this situation?

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1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Probate Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: There is no law requiring a probate and as a practical matter I always tell people that you should open a probate estate only if there is a reason to do so. I cannot speak to any reason in your case, as it is dependent on the facts. However, two examples of why one would open an estate would be: (1) there is an asset that is in the sole name of the deceased or (2) the estate of the deceased needs to be represented in a lawsuit.

Technically the estate may be opened, but if there are no assets or other reason to open it, there would be no result other than costing someone legal fees and filing fees.

Hope this helps.

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