Alabama Probate Law (2018 Edition) Forms

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Alabama Probate Law (2018 Edition) Forms is a commonly used form within Alabama. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

View Form Alabama Probate Law (2018 Edition) Forms

AL Form Alabama Probate Law (2018 Edition) Forms is a probate form in Alabama. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

View this form

Atticus Fast Facts About Alabama Probate Law (2018 Edition) Forms

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Alabama Probate Law (2018 Edition) Forms:

• This form pertains to the State of Alabama

• The current version of this form was last revised on January 1, 2018

• The official Alabama source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about ’s Form Alabama Probate Law (2018 Edition) Forms up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Alabama form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Alabama probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Alabama Probate Law (2018 Edition) Forms, take a break, and then review. Probate and estate settlement processes in AL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Alabama Probate Law (2018 Edition) Forms online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Alabama Probate Law (2018 Edition) Forms to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Alabama.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Alabama can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Alabama. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Alabama is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Alabama probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Alabama probate clerk or court for exact answers regarding Form Alabama Probate Law (2018 Edition) Forms, and when in doubt— consult a qualified trust & estates lawyer for that area.

Alabama Probate Law (2018 Edition) Forms is one of the many probate court forms available for download through Atticus.

It may also be available through some Alabama probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Alabama.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Alabama Probate Law (2018 Edition) Forms f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Alabama probate court office.

Alabama Probate Law (2018 Edition) Forms is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Alabama-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form Alabama Probate Law (2018 Edition) Forms

AL Form Alabama Probate Law (2018 Edition) Forms is a probate form in Alabama. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

View this form

Here’s the text, verbatim, that is found on Alabama Form Alabama Probate Law (2018 Edition) Forms. You can use this to get an idea of the context of the form and what type of information is needed.

Sample Forms - 1 Alabama Probate Law (2018 edition) FORMS Disclaimer: These are sample forms. There is no express or implied warranty given. Table of Forms Form number Forms page no. 1.Style ......................................................................................................................... 2 2.Petition to Probate Will by Consent, will self proving ............................................ 3 3.Waiver of notice and consent to petition ................................................................. 5 4.Order admitting will and granting letters testamentary ........................................... 7 5.Letters Testamentary ................................................................................................ 9 6.Notice to creditors .................................................................................................. 10 7.Petition to probate will without consent ................................................................ 11 8.Petition to probate will minors, incompetents or unknown heirs .......................... 13 9.Order on Filing Petition ......................................................................................... 15 10.Order Appointing Guardian ad litem ..................................................................... 16 11.GAL acceptance ..................................................................................................... 17 12.Notice to heirs ........................................................................................................ 18 13.Proof of will ........................................................................................................... 19 14.Request for deposition of subscribing witness....................................................... 20 15.Commission to take testimony ............................................................................... 22 16.Interrogatories to out of state witness .................................................................... 23 17.Proof of a lost will where copy is found ................................................................ 25 18.Proof of handwriting .............................................................................................. 26 19.Petition for Letters of Administration .................................................................... 27 20.Order granting Letters of Administration .............................................................. 29 21.Signature Bond....................................................................................................... 30 22.Letters of Administration ....................................................................................... 31 23.Personal representative's inventory ........................................................................ 32 24.Petition for final settlement by consent ................................................................. 33 25.Consent to final settlement..................................................................................... 35 26.Decree of final settlement ...................................................................................... 36 27.Petition for final settlement without consent ......................................................... 37 28.Order on filing settlement petition ......................................................................... 39 29.Publication notice of settlement ............................................................................. 40 30.Notice to distributee/heir........................................................................................ 41 31.Petition for summary distribution .......................................................................... 42 32.Order on filing summary distribution .................................................................... 44 33.Publication notice for summary distribution .......................................................... 45 34.Order directing summary distribution .................................................................... 46 35.Filing foreign will .................................................................................................. 47 36.Decree admitting foreign will ................................................................................ 48 37.Claim against estate ............................................................................................... 49 38.Disclaimer .............................................................................................................. 50 39.Petition to remove to Circuit Court ........................................................................ 51 40.Order removing estate to Circuit Court ................................................................. 53 Sample Forms - 2 1. Style IN THE PROBATE COURT OF ____________ COUNTY, ALABAMA THE ESTATE OF Deceased } } } CASE NO. ______ This or similar Style goes before all these forms (except 39 and 40) but is omitted hereafter to conserve space Sample Forms - 3 2. Petition to Probate Will by Consent, will self proving PETITION FOR PROBATE OF WILL TO THE HONORABLE _________________, JUDGE OF PROBATE: ________________, herein referred to as the Petitioner, herewith files for probate and record a certain written instrument which purports to be the Last Will and Testament of ___________, herein referred to as the Deceased. In support of this petition, Petitioner respectfully represents and shows to your Honor the following facts: 1. The Deceased died on _________, 2010. 2. The Deceased was a resident of _____________ County, Alabama at the time of death. 3. The Deceased owned property in _________ County, Alabama. 4. The Deceased left a Last Will and Testament dated ________________, herein referred to as the Will. 5. The Will was duly signed and published by the Deceased before two unrelated and disinterested adult witnesses on _____________. 6. The Deceased and these witnesses simultaneously signed sworn statements in the form prescribed by §43-8-132 of the Code of Alabama before a notary public and the notary public thereupon affixed an official acknowledgement of these facts to the Will thus proving the Will as the genuine last will and testament of the Deceased pursuant to the requirements of the aforesaid statute. 7. The heirs at law and next of kin of the Deceased which are known to the Petitioner are listed below and their respective relationships, and residence are indicated, all of whom are over the age of majority: 8. All of said heirs at law and next of kin are over the age of nineteen and are under no legal disability such as to require the appointment of a guardian ad litem. 9. Petitioner has filed with this petition verified statements executed by all of the heirs of law and next of kin as above said other than the petitioner, which waive notice of any proceeding held hereunder. 10. Petitioner is named as personal representatives in the Will. 11. The Will specifically relieves the personal representatives from the requirement of providing a bond. WHEREFORE, Petitioner prays that the Court will consider this petition, the Will which Petitioner has filed with this petition, the proof of the due execution and attestation of the Will, all without a formal hearing. Petitioner prays that that upon the Court's consideration of same that the Court will: Sample Forms - 4 A. Admit the Will to probate and record as and for the Last Will and Testament of the Deceased; B. Appoint Petitioner as the personal representative of the estate of the Deceased without being required to make or execute any bond or other security as such personal representative; C. Grant Letters Testamentary to the Petitioner; and D. Issue such further orders and decrees as may be requisite and proper to effect the due probate and recording of the Will according to law. Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Law firm name, address and telephone number ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF ___________ } Before me, the undersigned authority, personally appeared _____________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sworn to and subscribed before me on __________________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Note: Some courts require two petitions. One asking for the will to be admitted to probate with another separate petition for letters testamentary. The order granting these separate petitions can be in separate orders. Sample Forms - 5 3. Waiver of notice and consent to petition WAIVER AND CONSENT Comes now ___________ and states to the Court as follows: 1. I am an heir at law to the Estate of _____________, the Deceased; 2. I am over the age of nineteen years and I am under no legal disability such as to require the appointment of a guardian ad litem for me in these proceedings; 3. I have received a copy of the Last Will and Testament of the Deceased dated ______________, the Will; 4. I hereby waive notice of the filing for Probate and Record of the Will in the Probate Court of ____________ County, Alabama; 5. I hereby waive notice of the filing of a petition with this Court by ____________ wherein he/she requests that he/she be granted Letters Testamentary in the Estate of the Deceased; 6. I hereby consent for the Will to be admitted to Probate Record in the Probate Court of _________ County, Alabama; and 7. I hereby consent for ___________ to be granted Letter Testamentary so that he/she may serve as personal representative of the estate of the Deceased. Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Law firm name, address and telephone number ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF ___________ } Before me, the undersigned authority, personally appeared _____________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sample Forms - 6 Sworn to and subscribed before me on __________________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 7 4. Order admitting will and granting letters testamentary DECREE ADMITTING WILL TO PROBATE AND RECORD ORDER GRANTING LETTERS TESTAMENTARY This day, came _________, the Petitioner and presented a petition in writing, under oath, praying to have admitted to Probate and Record an instrument which purports to be the Last Will and Testament of __________, the Deceased; and praying that Letters Testamentary be granted to the Petitioner. The Court having examined the Petition, filed and recorded same; and the Court having heard the evidence offered for and against the granting of the Petition, it appears to the satisfaction of the Court that: 1. The Petition was filed more than five days after the date of the Deceased's death; 2. The Will of the Deceased, expressly exempted the personal representative from giving bond as provided in §43-2- 851 of the Code of Alabama, 1975; 3. The heirs of the Deceased have each filed their waiver of notice of hearing and consent to the granting of the petition; 4. The instrument which purports to be the Last Will and Testament of the Deceased, is the true, genuine and legal Last Will and Testament of the Deceased; 5. The allegations contained in the aid Petition are true and correct and that those statements are as follows: 5.1. That the Deceased departed this life in _________ County, Alabama on _______; 5.2. That the Deceased was a resident of __________ County at the time of death; 5.3. That the Deceased left a Will dated __________; 5.4. That the heirs at law and next of kin of the Deceased which are known to the Petitioner are listed below and their respective relationships, and residence are indicated, all of whom are over the age of majority: 5.5. The Petitioner is named in the will as personal representative; is over the age of nineteen; and is in no respects disqualified under the law from serving as a personal representative. It is therefore, ORDERED, ADJUDGED AND DECREED that: Sample Forms - 8 A. The said instrument which purports to be the Last Will and Testament of the Deceased, was duly and legally executed by the Deceased; B. The said instrument is the true, genuine and legal Last Will and Testament of the Deceased; C. The said Last Will and Testament is admitted to Probate and Record in this Court; D. The said Last Will and Testament of the Deceased, together with the evidence and testimony of the subscribing witnesses, shall be recorded in the Probate Records of _____ County, Alabama; E. Letters Testamentary are hereby granted to the Petitioner; and F. Petitioner is hereby authorized to administer the Estate of the Deceased. Done __________________________ 20______. ___________________________ Probate Judge _______________ County, Alabama Sample Forms - 9 5. Letters Testamentary LETTERS TESTAMENTARY The Will of ____________ having been duly proved and admitted to record, in _________________ County, LETTERS TESTAMENTARY are hereby granted to ________________, the personal representative named in said WILL, who has complied with all requirements of the law, and is authorized to take upon himself/herself the execution of such Will. Dated ______________________, 20__. ___________________________ Probate Judge ______________ County, Alabama STATE OF ALABAMA } COUNTY OF ___________ } I, ______________, Probate Judge of ________ County, Alabama, hereby certify that the foregoing is a true and correct copy of the Letters Testamentary issued out of the Probate Court of ____________ County, Alabama, on the Last Will and Testament of ________________, to ______________ as personal representative thereof, as the same appears on file and of record in my office. Given under my hand and official seal on ________________________, 20__. ___________________________ Probate Judge _____________ County, Alabama Sample Forms - 10 6. Notice to creditors NOTICE OF APPOINTMENT OF PERSONAL REPRESENTATIVE Letters Testamentary (Letters of Administration) of said deceased having been granted to ____________________ on ________2010, by the _____________, Probate Judge of __________ County, Alabama, notice is hereby given that all persons having claims against said Estate are hereby required to present same within the time allowed by law or the same will be barred. Attorney's name and address To: The Editor and Publisher of the ___________________ Please publish the above notice for three successive weeks in your newspaper. ___________________________ Sample Forms - 11 7. Petition to probate will without consent PETITION FOR PROBATE OF WILL TO THE HONORABLE ____________________, JUDGE OF PROBATE: ____________ Petitioner herewith files for probate and record a certain written instrument which purports to be the Last Will and Testament of ____________________, the Deceased. In support of this petition, Petitioner respectfully represents and shows to your Honor the following facts: 1. The Deceased died on ________________, 20__. 2. The Deceased was a resident of _________County, Alabama at the time of death. 3. The Deceased owned property in __________ County, Alabama. 4. The Deceased left a Last Will and Testament dated _______________, the Will. 5. The Will was duly signed and published by the Deceased before two unrelated and disinterested adult witnesses on ________________. 6. The Deceased and these witnesses simultaneously signed sworn statements in the form prescribed by §43-8-132 of the Code of Alabama before a notary public and the Notary Public thereupon affixed an official acknowledgement of these facts to the Will thus proving the Will as the genuine last will and testament of the Deceased pursuant to the requirements of the aforesaid statute. 7. The Deceased left surviving, so far as your Petitioner knows, the following heirs at law and next of kin: 8. All the above named are over the age of nineteen and are under no legal disability such as to require the appointment of a guardian ad litem. 9. Your Petitioner is named as personal representative in the Will. 10. The will specifically relieves the personal representative from the requirement of providing a bond. WHEREFORE, Petitioner prays that the Court will: A. Set a date and time for the hearing of this Petition and cause due and legal notice of said hearing to be given to the heirs at law and next of kin of the Deceased; B. Upon such hearing, admit the Will to probate and record as and for the Last Will and Testament of said Deceased; Sample Forms - 12 C. Appoint the Petitioner as the personal representative of said Will and the estate of the Deceased without being required to make or execute any bond or other security as such personal representative; D. Grant Letters Testamentary to the Petitioner; and E. Issue such further orders and decrees as may be requisite and proper to effect the due probate and recording of the Will according to law. Respectfully submitted, ______________________ 20_. Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Law firm name, address and telephone number ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF ___________ } Before me, the undersigned authority, personally appeared _____________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sworn to and subscribed before me on __________________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 13 8. Petition to probate will minors, incompetents or unknown heirs PETITION FOR PROBATE OF WILL TO THE HONORABLE ______________, JUDGE OF PROBATE: ____________, as Petitioner, herewith files for probate and record a certain written instrument which purports to be the Last Will and Testament of _____________, the Deceased. In support of this petition, Petitioner respectfully represents and shows to your Honor the following facts: 1. The Deceased died on ________________, 20__. 2. The Deceased was a resident of ___________ County, Alabama at the time of death. 3. The Deceased owned property in ____________ County, Alabama. 4. The Deceased left a Last Will and Testament dated _______________, the Will. 5. The Will was duly signed and published by the Deceased before two unrelated and disinterested adult witnesses on ________________. 6. The Deceased and these witnesses simultaneously signed sworn statements in the form prescribed by §43-8-132 of the Code of Alabama before a notary public and the Notary Public thereupon affixed an official acknowledgement of these facts to the Will thus proving the Will as the genuine last will and testament of the Deceased pursuant to the requirements of the aforesaid statute. 7. The Deceased left surviving, so far as your Petitioner knows, the following heirs at law and next of kin (list those that are minors or incompetent). (OR in the case of no known heirs) The Deceased left no surviving children; left no surviving spouse; left no surviving parents or siblings and the identity and whereabouts of the heirs at law and next of kin of the Deceased are not known to Petitioner. 8. Your Petitioner is named as personal representative in the Will. 9. The will specifically relieves the personal representative from the requirement of providing a bond. WHEREFORE, Petitioner prays that the Court will: A. Set a date and time for the hearing of this Petition and cause due and legal notice of said hearing to be given to the heirs at law and next of kin of the Deceased; B. Appoint a guardian ad litem to represent and protect the interest of the (minors or incompetents or unknown heirs at law and next of kin of the Deceased) , and that such guardian ad litem be given notice of this appointment as required by law C. Upon such hearing, admit the Will to probate and record as and for the Last Will and Testament of the Deceased; Sample Forms - 14 D. Appoint the Petitioner as the personal representative of said Will and the estate of the Deceased without being required to make or execute any bond or other security as such personal representative; E. Grant Letters Testamentary to the Petitioner; and F. Issue such further orders and decrees as may be requisite and proper to effect the due probate and recording of the Will according to law. Respectfully submitted, ______________________ 20__. Signed and acknowledged Sample Forms - 15 9. Order on Filing Petition ORDER ON FILING PETITION TO PROBATE WILL AND FOR LETTERS TESTAMENTARY ___________ presented a Petition in writing, under oath, praying to have admitted to Probate and Record an instrument which purports to be the Last Will and Testament of ________________, deceased and praying that Letters Testamentary be granted to the Petitioner. The ______ day of ________________________, 20__ at _____________ o'clock __.m. is set and appointed as the day for the hearing of said petition, and the taking of testimony in support thereof. Petitioner is ordered to give notice of same to all the heirs at law and next of kin of the deceased listed in the petition. Petitioner further ordered to give due and proper notice of the filing of said petition and of the date set for the hearing of the same to those heirs of the deceased whose whereabouts are unknown by publication, as provided by law, Done ______________________, 20__. ___________________________ Probate Judge ______________ County, Alabama Sample Forms - 16 10. Order Appointing Guardian ad litem ORDER APPOINTING GUARDIAN AD LITEM ______________ presented a Petition in writing, under oath, praying to have admitted to Probate and Record an instrument which purports to be the Last Will and Testament of ________________, deceased and praying that Letters Testamentary be granted to the Petitioner. The ______ day of ________________________, 20__ at _____________ o'clock __.m. is set and appointed as the day for the hearing of said petition, and the taking of testimony in support thereof. It appearing to the Court that it is necessary for a guardian ad litem to be appointed to represent and protect the interest of the heirs at law who are under age, (incompetent or unknown) it is therefore, ordered by the Court that ______________________, who is an attorney at law practicing in the City of __________________, Alabama, and who is deemed by the Court to be a fit and proper person, who is not related by blood or marriage within any prohibited degree to the decedent or to the attorney for the Petitioner, or to the Judge of Probate of this Court, and who is not in any way connected with the Petitioner, or its attorney, may be and hereby is appointed guardian ad litem for the heirs at law and next of kin of the deceased who are under age (incompetent or unknown) to represent and protect their interest on the hearing of this proceeding, and that said the guardian ad litem herein appointed, have notice of this appointment. Done ______________________, 20__. ___________________________ Probate Judge _____________ County, Alabama Sample Forms - 17 11. GAL acceptance ACCEPTANCE OF GUARDIAN AD LITEM Comes now the undersigned __________________ as duly appointed guardian ad litem in the above styled matter and accepts appointment of said guardianship, accepts notice of the hearing on the admission of the Last Will and Testament of the deceased and petition for Letters Testamentary and denies all allegations contained in said petition heretofore filed and demands strict proof thereof. This the ___ day of __________, 20__ ___________________________ GUARDIAN AD LITEM Sample Forms - 18 12. Notice to heirs NOTICE OF PETITION TO PROBATE WILL TO: You are hereby notified that on ______________________, 20___, ________ filed in the Probate Court of __________ County, Alabama a petition for the probate of record in this Court of a certain paper writing, purporting to be the Last Will and Testament of ____________, deceased, and on that day, said Will was filed in said Probate Court. Said petition states that you are an heir at law and next of kin of the deceased. The _____ day of _____________, 20__ at _____________ o'clock __.m. has been set and appointed as the day for the hearing of said petition, and the taking of testimony in support thereof, at which time you can appear and contest the same if you see proper. Given under my hand on ________________________, 20__. ___________________________ Probate Judge ______________ County, Alabama Sample Forms - 19 13. Proof of will PROOF OF WILL _____________________ personally appeared before me and having been first duly sworn and examined, did depose and say on oath, that: 1. He/She is a subscribing witness to the instrument of writing now shown to him/her and which purports to be the Last Will and Testament of _____________, deceased, the Deceased; 2. The Deceased signed said instrument on _____________ and declared it to be his/her Last Will and Testament; 3. He/She signed said instrument as a subscribing witness in the presence of the Deceased and ___________________ signed his/her name as a witness in his/her presence and the presence of the Deceased; 4. The Deceased was over the age of nineteen years, of sound mind and disposing memory, and in the opinion of the deponent fully capable of making his/her will at the time the instrument was signed. ___________________________ STATE OF ALABAMA } COUNTY OF ___________ } Sworn to and subscribed before on _____________________, 20__. ___________________________ Probate Judge ___________ County, Alabama Sample Forms - 20 14. Request for deposition of subscribing witness REQUEST FOR DEPOSITION OF SUBSCRIBING WITNESS TO WILL TO THE HONORABLE _____________, JUDGE OF PROBATE: Comes now your Petitioner, _________________, and pursuant to §43-8- 168 of the Code of Alabama requests the Court issue a commission to take the testimony of one of the subscribing witnesses to the will of _________________. 1. Petitioner has this day filed for probate and record a certain written instrument, dated the ___ day of ________, __________, which purports to be the Last Will and Testament of _____________________. 2. The subscribing witnesses to said will are ______________ and ___________. After a diligent search, Petitioner has not located _______________. Petitioner has located ______________ who now resides in ____________. 3. The Code of Alabama, §43-8- 168 provides that when a subscribing witness resides out of the State of Alabama, the judge of probate may issue a commission to take the testimony of such witness in proof of the will offered for probate. 4. Petitioner has determined that ________________ a notary public in and for the State of ____________ is a fit and proper person to take the testimony of ______________. WHEREFORE, the premises considered, your Petitioner prays that the Court will consider this request to issue a commission to take the written testimony of ___________ and upon the return of said testimony, will take said testimony as the proof of the due execution and attestation of the last will and testament of _____________. Your Petitioner further prays that in order to prove the will of ________________, that the Court will: A. Issue a commission to ______________ to take the testimony of ________________, B. Certify a copy of the will sought to be provided so that said copy can be exhibited to _______________ as a part of his/her testimony so that he/she can examine same, C. Approve the written interrogatories to be used to take the testimony of ____________, attached hereto and made a part hereof by reference, D. Direct that the answers to said interrogatories be written and taken under oath by _________________, and E. Direct that upon completion of the testimony of _____________, that his/her testimony be returned to this court and the same be admitted as proof of the Last Will and Testament of _____________. Sample Forms - 21 Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Law firm name, address and telephone ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF __________ } Before me, the undersigned authority, personally appeared ____________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sworn to and subscribed before me this the ______ day of ________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 22 15. Commission to take testimony COMMISSION TO TAKE TESTIMONY TO: ______________________________________ Whereas, by order of this Court, you have been appointed as commissioner to take the testimony of ______________ for the purpose of proofing an instrument which purports to be the Last Will and Testament of _______________, Now therefore, you are hereby authorized and given your commission to perform your duty as such commissioner in the manner stated herein. You are hereby directed by this commission to place _____________ under oath and to propound to her the interrogatories attached hereto. You are to exhibit to ______________ the copy of the purported Will which is attached to the interrogatories. You are to cause the answers to the interrogatories to be written on the interrogatories and to have _____________ sign the answered interrogatories certifying that his/her answers are true and complete. You are to certify on the interrogatories that they were answered in your presence by ___________ while under oath. You are to return the answered interrogatories with your certification and copy of the purported Will to this Court as soon as practicable following the completion of the testimony. ORDERED this the ___ day of ____________________, 20__. ____________________________________ Judge of Probate __________________ County, Alabama Sample Forms - 23 16. Interrogatories to out of state witness INTERROGATORIES Pursuant to a commission issued by _________________, Probate Judge of ______________ County, Alabama I, ____________ hereby propound to ________________ the following interrogatories. Your answer to each question should be given before me, and under oath as to the truthfulness of your answers with each answer written hereon. 1. State your name, age and current address: 2. Were you a resident of _____________ County, Alabama on the ___ day of _______________________ (being the date the will was signed)? 3. Are you now or have you ever been related by blood or marriage to _________(name of the testator)? 4. Are you now or have you ever been related by blood or marriage to ___________ (name of the commissioner, i.e. notary asking the questions)? 5. What was your occupation on the __ day of __________ (the date the will was signed? 6. What was your age on the that date? 7. Attached to these interrogatories is a certified copy of an instrument which has been filed for probate as the last will and testament of ____________ in the Probate Court of ___________ County, Alabama. Please review the copy of this instrument and answer the following questions: 7.1. Were you a subscribing witness to this instrument? 7.2. Did _____________ sign this instrument on the ___day of _____? 7.3. Did ______________ declared this instrument to be his/her Last Will and Testament? 7.4. Did you sign this instrument on the ___ day of _______ as a subscribing witness in the presence of _________________? 7.5. Did the other witness subscribe their name as a witness in your presence and the presence of _______________? 7.6. In your opinion, was _______________ of sound mind and disposing memory, and fully capable of making his/her Will on the __ day of ___________? 7.7. Was ____________ of the full age of nineteen years and upwards on the __ day of ___________? Before me, ____________________, personally appeared _________________, who is known to me and who being first duly sworn deposes and says that he/she has Sample Forms - 24 answered the forgoing interrogatories under oath before me, that his/her answers are true and complete and were answered on the ___ day of ____________, 20__. ___________________________ Name of witness STATE OF ____________________ } COUNTY OF __________________ } Sworn to and subscribed before me this ______ day of _____________________, 20__. ___________________________ NOTARY PUBLIC My Commission Expires: REPORT OF COMMISSIONER I, ___________________________ who was appointed by the Probate Court of ______________ County, Alabama, to take the testimony of _______________, do hereby certify that the forgoing interrogatories were propounded to _________________, on the ___ day of _________, 20__ under oath and that the answers she gave are recorded above. I am not related by blood or marriage to _____________ (witness) or _________________ (testator). ___________________________ Sample Forms - 25 17. Proof of a lost will where copy is found PROOF OF LOST WILL Before me, the undersigned authority personally appeared __________________, who having been by me first duly sworn, did depose and say on oath, that: 1. The instrument attached hereto and made a part hereof by reference is a true, accurate and complete photocopy of the Last Will and Testament of _________________ which contains the contents, substance and effect of the Last Will and Testament of ___________; 2. _____________ signed the original instrument from which the attached photocopy was and same was attested by at least two witnesses, who subscribed their names thereto in the presence of ____________ as reflected by the attached photocopy; 3. A diligent search for the original instrument from which the attached photocopy was made has been made and same cannot be found; and 4. _________________ did not revoke the original instrument from which the attached photocopy was made either by destroying same or making a new will. ___________________________ STATE OF ALABAMA } COUNTY OF ___________ } Sworn to and subscribed before me this ______ day of _____________________, 20_. ___________________________ Notary Public My Commission expires: Sample Forms - 26 18. Proof of handwriting PROOF OF LOST WILL Before me, the undersigned authority personally appeared ___________, who having been by me first duly sworn, did depose and say on oath, that: 1. Attached is a photo copy of an instrument dated _____________, which I have examined which purports to be the Last Will and Testament of _____________, deceased, hereinafter referred to as the Will; 2. ___________ was my ______ and I am familiar with her signature; 3. Having examined the Will and the signature of _____________, I believe that it is the signature of ______________; 4. The instrument attached hereto and made a part hereof by reference is a true, accurate and complete photocopy of the Last Will and Testament of ______________ which contains the contents, substance and effect of the Last Will and Testament of _____________; 5. _______________ signed the original instrument from which the attached photocopy was made and same was attested by two witnesses, who subscribed their names thereto in the presence of _______________ as reflected by the attached photocopy; 6. ________________ and the witnesses simultaneously signed sworn statements in the form prescribed by §43-8- 132 of the Code of Alabama before a notary public and the notary public thereupon affixed an official acknowledgement of these facts to the original instrument from which the attached photocopy was made; 7. I have made a diligent search for the original instrument from which the attached photocopy was made and same cannot be found after exhausting every effort to locate the original; and 8. I have made a diligent search for the witnesses to the Will and they are either deceased or cannot be found after exhausting every effort to locate them; and 9. ________________ did not revoke the original instrument from which the attached photocopy was made either by destroying same or making a new will. ___________________________ STATE OF ALABAMA } COUNTY OF ____________ } Sworn to and subscribed before me this ___ day of _______________, 20___. ___________________________ Notary Public My Commission expires: Sample Forms - 27 19. Petition for Letters of Administration PETITION FOR LETTERS OF ADMINISTRATION TO THE HONORABLE ____________, JUDGE OF PROBATE: Comes now ____________ the Petitioner and petitions the Court to grant Letters of Administration to the Petitioner and as a basis for this petition sets for the following facts: 1. ________ the Deceased, died on ________________, 20_. 2. The Deceased was a resident of ___________ County, Alabama at the time of death. 3. The Deceased left no Last Will or Testament, so far as your Petitioner knows or believes. 4. The Deceased left real property of an estimated value of $_____________ and personal property of an estimated value of $_________________. 5. The Deceased left surviving, so far as your Petitioner knows, the following heirs at law and next of kin: 6. Petitioner is the __________ of the Deceased and is a resident of the State of Alabama and is over the age of nineteen years. Petitioner is in no respects disqualified under the law from serving as the Personal Representative in this matter. WHEREFORE, the premises considered, Petitioner prays that this Honorable Court will enter such orders and decrees as may be necessary to appoint the Petitioner as Personal Representative of the Estate of the Deceased and issue to Petitioner, Letters of Administration upon the Estate of the Deceased, subject to the filing and approval of such bond as may be required by law. Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Firm name, address and telephone ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF ___________ } Sample Forms - 28 Before me, the undersigned authority, personally appeared ____________________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sworn to and subscribed before me on ____________________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 29 20. Order granting Letters of Administration ORDER GRANTING LETTERS OF ADMINISTRATION On this day came ___________________ and presented a petition in writing, under oath, praying that Letters of Administration be granted to Petitioner in the above referenced matter. This petition was examined by the Court and it was filed and recorded. It appears to the Court that the allegations contained in said petition are true and correct and that those statements are as follows: 1. The Deceased departed this life in ____________ County on the __ day of _______________, 20__. 2. At the time of death, the Deceased was a resident of ___________ County, Alabama. 3. The Deceased left no Last Will or Testament. 4. The Deceased left real property of an estimated value of $_________ and personal property of an estimated value of $_________. 5. The following constitute all the heirs at law and next of kin of the Deceased: 6. The Petitioner is the ________________ of the Deceased and is a resident of the State of Alabama. The Petitioner and is over the age of Nineteen and is in no respects disqualified under the law from serving as personal representative of this estate. It further appears to the satisfaction of the Court that the Petition was filed more than five days after the date of the Decedent's death. It further appears that the Petitioner has filed for approval, a bond as required by §43-2- 851 of the Code of Alabama in the penal sum of $ _________. It appears to the Court, having examined the bond, that it is in order, with sufficient sureties thereon and that the bond should be approved. It is therefore ORDERED, ADJUDGED AND DECREED by the Court that Letters of Administration be granted to ________________ and that _______________ be and hereby is authorized to administer the Estate of _______________________. It is further ORDERED, that the petition heretofore filed be recorded, and that the Administrator's bond heretofore filed is hereby approved and taken and is to be recorded. Done this the ______ day of __________________, 20___. ___________________________ Judge of Probate ____________ County, Alabama Sample Forms - 30 21. Signature Bond PERSONAL REPRESENTATIVE’S BOND KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned are held and firmly bound unto ______________, Judge of Probate of ______________ County, and his successors in office in the penal sum of $_____________ for the payment of which we bind ourselves, and each of us, our and each of our heirs and personal representatives, jointly and severally, firmly by these presents. The condition of this obligation is that _______________ has been appointed personal representative of above styled estate. NOW THEREFORE, if the said _______________ shall well and truly perform all the duties which are or may be by law required of her as such personal representative then this obligation to be null and void, otherwise to remain in full force and effect. And we, and each of us hereby waive all rights of claim of exemption as to personal property we or either of us have now or may hereafter have, under the Constitution and Laws of Alabama, and we hereby severally certify that we have property free from all encumbrances, to the full amount of the above bond. Witness our hands and seals, this ______ day of _________________, 20__. __________________________ (Surety) __________________________ (Personal Representative) __________________________ (Surety) Taken and approved _____________________, 20__. ___________________________ Probate Judge _____________ County, Alabama Sample Forms - 31 22. Letters of Administration LETTERS OF ADMINISTRATION Letters of Administration in the Estate of _______________, deceased, are hereby granted to _____________ who has duly qualified and given bond as such personal representative; and is authorized to administer such estate. Witness my hand, and dated on this the ___ day of __________, 20___. ___________________________ Judge of Probate ______________ County, Alabama STATE OF ALABAMA } COUNTY OF ____________ } I, __________________, Probate Judge in and for _________ County, Alabama, hereby certify that the foregoing is a true and correct copy of Letters of Administration granted to ______________________ as the personal representative of the Estate of ________________, deceased as same appears of record in my office. Given under my hand and official seal on this the ___ day of ___________, 20__. ___________________________ Probate Judge ____________ County, Alabama Sample Forms - 32 23. Personal representative's inventory PERSONAL REPRESENTATIVE’S INVENTORY TO THE HONORABLE _____________________, JUDGE OF PROBATE: Comes now _____________________, the personal representative in the above styled estate and submits to the Court a complete inventory of the assets of said estate so far as the personal representative has been able to determine. Said inventory is attached hereto and made a part hereof by reference. Respectfully Submitted, this the ____ day of _____________, 20__. ___________________________ Personal Representative of the Estate of ___________________ STATE OF ALABAMA } COUNTY OF ____________ } Before me, the undersigned authority, personally appeared, _____________________________ who is known to me and who after having been by me first duly sworn, deposes and says that he/she has read the foregoing and has personal knowledge that the statements therein are true and correct. Subscribed and sworn to before me this the ______ day of ___________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 33 24. Petition for final settlement by consent PETITION FOR FINAL SETTLEMENT BY CONSENT TO THE JUDGE OF SAID COURT, THE HONORABLE [_____________________]: Comes your petitioner, [Petitioner], and respectfully shows unto Your Honor the following facts: 1. [Decedent], died on or about [Date of Death], and was a resident of [_______________] County, Alabama, at the time of his/her death. 2. By letters testamentary [administration] granted on [Date], your petitioner was appointed as personal representative of the estate of the decedent. Notice of said appointment has been given as required by law. 3. More than six months have elapsed since said appointment. All debts of the decedent and all legal charges against the estate have been paid in full. Notice was provided pursuant to Ala. Code § 43-2- 61. 4. The following is a true, correct and complete list of names, ages, conditions, relationships and addresses of the beneficiaries of the decedent’s estate [decedent’s heirs and next of kin if intestate]; namely, NAME, AGE, CONDITION, RELATIONSHIP ADDRESS [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] 5. [If testate] Item __ of the decedent’s Will gives, devises and bequeaths [will provisions]. Your petitioner has duly delivered [asset(s) or applicable will provisions] described in Item __ of the decedent’s Will to [beneficiary]. A separate Consent to Settlement is filed contemporaneously herewith on behalf of [beneficiary]. [Continue with paragraph for each separate bequest, legacy, devise and residuary devisees]. 6. Each of the devisees and legatees [intestate heirs and next-of-kin] is over the age of majority and competent to act, and each has executed a separate verified Consent to Settlement that is filed contemporaneously with this petition. 7. [If intestate or if bond required of PR] The surety’s waiver of notice is filed contemporaneously herewith. WHEREFORE, your petitioner prays that this petition and the contemporaneously filed Consent(s) to Settlement be taken and accepted as, for an in lieu of a formal account or report of final settlement, that this court will approve this consent settlement without notice or publication or posting, as provided for in Ala. Code § 43-2- 506, and that your petitioner be henceforth discharged as personal representative of said Sample Forms - 34 estate and from all other and further liability for or on account of the administration of said Will and said estate. __________________________________________ ___ [PETITIONER], as personal representative of the Estate of [Decedent], deceased [Street Address] [City, State Zip] Firm name, address and telephone number ___________________________ Attorney for Petitioner STATE OF ALABAMA ) : _______________ COUNTY ) Before me, ___________________________________, a Notary Public for said County in said State, personally appeared [PETITIONER], who, being first duly sworn, makes oath that he/she has read the foregoing Petition and knows the contents thereof and is informed and believes, and upon such information and belief avers, that the facts alleged therein are true and correct. _______________________________________ [PETITIONER] Sworn to and subscribed before me this the ____ day of _____________, 2018. [SEAL] ______________________________________ NOTARY PUBLIC My Commission Expires: PETITIONER’S ATTORNEY: Sample Forms - 35 25. Consent to final settlement CONSENT TO FINAL SETTLEMENT Comes now ___________, and hereby accepts notice of the filing of a Petition for Settlement by Consent Without Notice in the Probate Court of __________ County, Alabama, of the above styled estate. I acknowledge receipt of all distributions due to me under the Last Will and Testament of ______________________ (as an heir at law and next of kin of ____________). I am over the age of nineteen and I am of sound mind. I hereby consent to the filing of the Petition for Settlement by Consent Without Notice in the above styled cause. _______________________, 20__. ___________________________ STATE OF ____________________ } COUNTY OF __________________ } I, the undersigned authority, a Notary Public in and for said County and State do hereby certify that ______________________, whose name is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day, that being informed of the contents of the instrument, he/ she executed the same voluntarily on the day the same bears date. Given under my hand and official seal on ______________________, 200__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 36 26. Decree of final settlement DECREE OF FINAL SETTLEMENT The personal representative in the above styled matter, ___________, having filed a verified Petition for Settlement by Consent Without Notice in accordance with §43-2- 506, Code of Alabama 1975, and the Court having reviewed same and found that the representations made in said petition are correct, It is therefore, ORDERED, ADJUDGED and DECREED that the administration of this Estate is hereby closed and that the personal representative and its sureties, if any, are hereby and forever discharged. _________________, 20__. ___________________________ Probate Judge ___________ County, Alabama Sample Forms - 37 27. Petition for final settlement without consent PETITION FOR FINAL SETTLEMENT TO THE JUDGE OF SAID COURT, THE HONORABLE [_____________________]: Comes your petitioner, [Petitioner], and respectfully shows unto Your Honor the following facts: 1. [Decedent], died on or about [Date of Death], and was a resident of [_______________] County, Alabama, at the time of his/her death. 2. By letters testamentary [administration] granted on [Date], your petitioner was appointed as personal representative of the estate of the decedent. Notice of said appointment has been given as required by law. 3. More than six months have elapsed since said appointment. All debts of the decedent and all legal charges against the estate have been paid in full. Notice was provided pursuant to Ala. Code § 43-2- 61. 4. Petitioner submits an accounting of the assets of the estate of the Deceased and the expenditures paid by Petitioner as of the dates stated in said accounting, which is attached hereto and made a part hereof by reference. 5. The following is a true, correct and complete list of names, ages, conditions, relationships and addresses of the beneficiaries of the decedent’s estate [decedent’s heirs and next of kin if intestate]; namely, NAME, AGE, CONDITION, RELATIONSHIP ADDRESS [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] [name], over 19, [Street Address] of sound mind, [relationship]. [City, State Zip] 6. Each of the devisees and legatees [intestate heirs and next-of-kin] is over the age of majority and competent to act. 7. [If intestate or if bond required of PR] The surety’s waiver of notice is filed contemporaneously herewith. WHEREFORE, Petitioner prays that this Honorable Court will: A. Set a date for a hearing of this Petition for Final Settlement and give notice thereof as required by law; B. Upon hearing this Petition for Final Settlement and examining the accounting attached hereto, approve the final settlement and accounting; C. Approve the amounts and manner of distributions from the estate herein requested; Sample Forms - 38 D. Appoint a Guardian ad litem for the legatees and distributees named in the Will, heirs at law and next of kin who are minors or incompetent, unknown. E. Enter such orders as the Court finds proper to effectuate the final distribution of the assets of the estate of the Deceased and the payment of any fees or costs incurred by the hearing of this petition or other expenses of the estate; and F. Enter a Decree of Final Settlement which discharges the Petitioner and its sureties if any from their duties and liabilities in the above styled matter. ______________________________________ [PETITIONER], as personal representative of the Estate of [Decedent], deceased [Street Address] [City, State Zip] Firm name, address and telephone number ___________________________ Attorney for Petitioner STATE OF ALABAMA ) : _______________ COUNTY ) Before me, ___________________________________, a Notary Public for said County in said State, personally appeared [PETITIONER], who, being first duly sworn, makes oath that he/she has read the foregoing Petition and knows the contents thereof and is informed and believes, and upon such information and belief avers, that the facts alleged therein are true and correct. _______________________________________ [PETITIONER] Sworn to and subscribed before me this the ____ day of _____________, 2018. [SEAL] ______________________________________ NOTARY PUBLIC My Commission Expires: PETITIONER’S ATTORNEY: Sample Forms - 39 28. Order on filing settlement petition ORDER ON FILING PETITION FOR FINAL SETTLEMENT __________ having presented a Petition for final settlement of the above styled estate, the ______ day of _________________, 20__ at _____________ o'clock __.m. is hereby appointed as the day for the hearing of said petition, and the taking of testimony in support thereof. Petitioner is hereby ordered to give notice of same as provided by law. Done ______________________, 20__. ___________________________ Probate Judge ____________ County, Alabama Sample Forms - 40 29. Publication notice of settlement NOTICE OF HEARING ON FINAL SETTLEMENT _____________________ has filed a Petition for Final Settlement of his/her administration of the above styled estate and filed with his/her petition an accounting. The ___ day of ______________, 20__ at ____________ o'clock ___. m. is hereby set as the day and time for the hearing of said Petition. ___________________________ Probate Judge ____________ County, Alabama --------------------------------------------------------------------------------------------------------- To: The Editor and Publisher of the _______________ Please publish the above notice for three successive weeks in your newspaper. ___________________________ Sample Forms - 41 30. Notice to distributee/heir NOTICE OF PETITION FOR FINAL SETTLEMENT TO: You are hereby notified that on the ___ day of __________, 20__ _________________ filed in the Probate Court of ____________ County, Alabama a petition for a final settlement of the estate of __________________. Said petition states that you are a legatee, devisee or distributee under the Last Will and Testament (heir at law and next of kin) of ________________. The ___ day of __________ 20__ at __________ o'clock __.m. has been set and appointed as the day for the hearing of said petition, and the taking of testimony in support thereof, at which time you can appear and contest the same if you see proper. Given under my hand this the ____ day of ____________, 20__. ___________________________ Probate Judge __________ County, Alabama Sample Forms - 42 31. Petition for summary distribution PETITION FOR SUMMARY DISTRIBUTION TO THE HONORABLE ________________, JUDGE OF PROBATE: ________________, herein referred to as the Petitioner, herewith files this petition for Summary Distribution pursuant to § 43-2- 691 et seq. of the Code of Alabama and respectfully represents and shows to your Honor the following facts: 1. _______________, herein referred to as the Deceased, died on _________, 20__ in _____________ County, Alabama. Attached hereto is a copy of the death certificate of the Deceased and a copy of the Last Will and Testament of the Deceased. The Decease left no Last Will and Testament. 2. Petitioner is the ______________ of the Deceased. The next of kin of the Deceased are: 3. The Deceased left an estate consisting solely of personal property, that being: 4. No petition for the appointment of a personal representative is pending or has been granted on the estate of the Deceased. 5. All of the funeral expenses of the Deceased have been paid and there are no known claims against the estate of the Deceased. WHEREFORE, Petitioner prays that the Court will give notice of the filing of this petition and, upon the lapse of thirty (30) days from the filing of this petition and from the publication of such filing, will enter an order directing summary distribution of all assets of the estate of the Deceased which are the subject of this proceeding and grant such other, further and different relief to which Petitioner may be entitled. Respectfully submitted, ______________________ 20__. ___________________________ PETITIONER Firm name, address and telephone ___________________________ Attorney for Petitioner STATE OF ALABAMA } COUNTY OF ____________ } Before me, the undersigned authority, personally appeared _____________ whose name as Petitioner is affixed to the foregoing petition, who is known to me and who Sample Forms - 43 being first duly sworn deposes and says that he/she is informed and believes and that upon such information and belief states that the facts set out in the foregoing petition are true and correct. ___________________________ PETITIONER Sworn to and subscribed before me on __________________________ 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 44 32. Order on filing summary distribution ORDER ON FILING PETITON FOR SUMMARY DISTRIBUTION This day, came _________, the Petitioner and presented a petition in writing and under oath, alleging that Petitioner is the _____ of _________________ who died in ______________ County, Alabama on _______________2010 leaving personal property valued at $________________. It is therefore, ORDERED, that notice of the filing of said petition be published once in a newspaper of general circulation in ___________ County, Alabama; and that an order be entered after the interval prescribed by law, directing the Summary Distribution of the assets of said decedent to the distributees entitled to the decedent's property. Done __________________________ 20___. ___________________________ Probate Judge ___________ County, Alabama Sample Forms - 45 33. Publication notice for summary distribution NOTICE OF PETITION FOR SUMMARY DISTRIBUTION Notice is hereby given that a Petition for Summary Distribution has been filed by __________________ on _________________, 20___, and that 30 days after the publication hereof and pursuant to law, the Court shall enter an order directing summary distribution of the estate of said decedent. Probate Judge, ___________ County, Alabama ========================================================== To: The Editor and Publisher of the _____________ Please publish the above notice once in your newspaper. ___________________________ Sample Forms - 46 34. Order directing summary distribution ORDER DIRECTING SUMMARY DISTRIBUTION ______________ having filed a petition for Summary Distribution of the personal property of _____________ ; notice thereof having been published in ___________________ on ___________ 20___; and for cause shown, the Court is of the opinion that said petition is due to be and the same is hereby GRANTED. It is accordingly, ORDERED, that ________________ is/are entitled to receive the personal property of _______________. It is further ORDERED that any person, firm, corporation, or agency making payment, delivery, transfer or issuance of the personal property of _____________ or evidence thereof to ______________ pursuant to this order, shall be discharged and released. Done __________________________ 20__. ___________________________ Probate Judge ____________ County, Alabama Sample Forms - 47 35. Filing foreign will PRESENTATION OF FOREIGN WILL TO THE HONORABLE ______________, JUDGE OF PROBATE: Pursuant to Alabama Code (1975) §43-8-175, the attached exemplified copy of the last will and testament of ___________________ is hereby presented for probate and recording. ___________________ was at the time of his/her death an inhabitant of the State of _________________. The attached copy of his/her will was duly proved in the State of __________. The copy of said will hereby presented has be certified and authenticated as provided in Title 28, §1738 of the United States Code Annotated. Pursuant to Alabama Code (1975) §43-8-175 a decree admitting said will shall be issued without notice or further proceedings. Respectfully submitted, ______________________ 20___. Sample Forms - 48 36. Decree admitting foreign will DECREE ADMITTING WILL TO PROBATE AND RECORD This day an exemplified copy of the last will and testament of ___________________ was presented for probate and recording. The Court having examined the said exemplified copy and having found that the will of _______________________ was duly proved in the Probate Court of ___________________, ___________________ and that the copy of said will presented to this Court was properly certified and authenticated as provided by Title 28, §1738 of the United States Code Annotated, IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED by this Court that the said Last Will and Testament of _____________, is admitted to Probate and Record in this Court. Done this the _____ day of _________________ 20__. ___________________________ Judge of Probate _____________ County, Alabama Sample Forms - 49 37. Claim against estate CLAIM AGAINST ESTATE The undersigned, _______ as Claimant, herewith presents and files a claim against the Estate of ___________, deceased, for and on account of the following described indebtedness owing by said Estate to Claimant, viz: ______________________________ STATE OF ALABAMA } COUNTY OF ____________ } Before me, the undersigned authority, personally appeared ___________, who, being first duly sworn, says that he has full and complete knowledge of the correctness of the forgoing claim against the Estate of __________________, deceased, and that the amount claimed is justly due (or to become due), after allowing all proper credits. ______________________________ Sworn to and subscribed before me this the ______ day of ______________________, 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 50 38. Disclaimer QUALIFIED DISCLAIMER I, ___________________, do hereby disclaim my right to succeed to the following property, located in ___________ County, Alabama, to wit: I disclaim any right to receive property of any kind under the Last Will and Testament of ______________ or any right to inherit any property as an heir at law or next of kin of _____________________. This Qualified Disclaimer is filed pursuant to the Alabama Uniform Disclaimer of Property Interests Act, Code of Alabama §43-8- 290 et al. and is intended as a Qualified Disclaimer pursuant to the Internal Revenue Code. Given under my hand and seal this ___ day of ___________________, 20__. ___________________________ STATE OF ALABAMA } COUNTY OF ___________ } Before me, the undersigned authority, personally appeared _________________, whose name is affixed to the foregoing instrument, who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he/she executed the same voluntarily on the day the same bears date. Given under my hand this ___ day of _______________, 20__. ___________________________ NOTARY PUBLIC My Commission Expires: ACKNOWLEDGEMENT OF RECEIPT OF QUALIFIED DISCLAIMER I, the undersigned as the personal representative of the estate of ____________ hereby acknowledge receipt of a Qualified Disclaimer from _________________ disclaiming the right to succession in the property described therein. _______________, 20__. ___________________________ As personal representative of the Estate of ____________________ Sample Forms - 51 39. Petition to remove to Circuit Court IN THE CIRCUIT COURT FOR _______________ COUNTY, ALABAMA THE ESTATE OF DECEASED } } } CASE NO. CV _____________ PETITION FOR THE REMOVAL OF AN ESTATE Comes now __________________, who was appointed as Personal Representative of the above styled estate by the Probate Court for ___________ County on ____________________, (Probate Court Case Number __________), and respectfully represents that: 1. There has been no final settlement of the Estate of _____________, in the Probate Court for ___________ County, Alabama, and that no proceedings have been taken in said Probate Court looking to a final settlement of said estate. 2. That in the opinion of the Petitioner, the said Estate can be better administered in the Circuit Court than in the Probate Court. 3. That § 12-11-41 of the Code of Alabama requires an order of removal from the Probate Court to the Circuit Court of any estate at any time before a final settlement, upon the filing of a sworn petition reciting that, in the opinion of the petitioner, the estate can be better administered in the Circuit Court, without assigning any special equity. WHEREFORE, Petitioner respectfully requests that the Circuit Court grant this Petition as provided under § 12-11-41 of the Code of Alabama, and make and enter an ORDER of this Court removing the Probate of the Estate of ____________________, Deceased, from the Probate Court of __________ County, Alabama in to this Honorable Court; and Petitioner prays for any and all other Orders and Decrees as may be necessary and appropriate in the Premises. _________ 20__. _______________________________ Firm name, address and telephone number ___________________________________ Attorney for STATE OF ALABAMA } COUNTY OF ____________ } Before me, the undersigned authority, personally appeared ____________________, who is known to me, and who after having been by me first duly sworn, deposed and says that she has read the foregoing Petition and has personal Sample Forms - 52 knowledge that the statements in the above Petition are true and correct as therein written. ___________________________ Subscribed and sworn to before me on _______________________, 20__. ___________________________ NOTARY PUBLIC My Commission Expires: Sample Forms - 53 40. Order removing estate to Circuit Court IN THE CIRCUIT COURT FOR __________ COUNTY, ALABAMA THE ESTATE OF DECEASED } } } CASE NO. CV _____________ ORDER REMOVING ESTATE FROM PROBATE COURT _________________ having filed a sworn petition praying for the removal of the Probate of the Estate of ______________________, Deceased from the Probate Court of ____________ County, Alabama, into the Circuit Court of __________ County, Alabama, and the Court finding that all the allegations of said petition are true, that it is in due form, and that the prayer of said petition should be granted, it is therefore, ORDERED by this Court the said Petition is hereby granted and the Probate of the Estate of ___________________, Deceased, be and it is hereby removed from the Probate Court of ________ County, Alabama, and transferred to the Circuit Court of ______ County, Alabama, to proceed according to rules and practices of this Court. It is further ORDERED, that the Probate Judge of _________ County, Alabama shall forthwith transmit to this court the file and all papers in connection with the Probate of said Estate. Done ________________________, 20__. ______________________________ Circuit Judge