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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40977
Experience:  Texas lawyer for 30 years in Estate law
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I am in alabama. I need a list of all the motions in Alabama

Customer Question

Hello I am in alabama. I need a list of all the motions in Alabama probate court. Most every one. Also I have a claim on an estate for money but I also filed a mechanics lien. How should I go about letting the probate and civil courts know?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Here is the law for reference

ALA CODE § 43-2-350 : Alabama Code - Section 43-2-350: TIME AND MANNER OF FILING CLAIMS - GENERALLY - See more at: http://codes.lp.findlaw.com/alcode/43/2/15/1/43-2-350#sthash.ZkeMApPl.dpuf

(a) All claims against the estate of a decedent, held by the personal representative of the decedent or by an assignee or transferee of the personal representative, or in which the personal representative has an interest, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61 must be allowed thirty days after notice within which to present the claim, by filing the claims, or statement thereof, verified by affidavit, in the office of the judge of probate, in all respects as provided by section 43-2-352. All claims not so presented and filed are forever barred, and the payment or allowance thereof is prohibited. But this subsection shall not apply to claims of personal representatives to compensation for their services as such, nor to sums properly disbursed by them in the course of administration.

(b) All claims against the estate of a decedent, other than the claims referred to in subsection (a) of this section, whether due or to become due, must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur, provided however, that any creditor entitled to actual notice as prescribed in section 43-2-61 must be allowed 30 days after notice within which to present the claim, and if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited. Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted. Claims which have not been filed and which are liens against the property of the decedent may be paid by the personal representative to protect the assets of the estate. The provisions of this subsection do not apply to heirs or devisees claiming as heirs or devisees.

- See more at: http://codes.lp.findlaw.com/alcode/43/2/15/1/43-2-350#sthash.ZkeMApPl.dpuf

Expert:  RayAnswers replied 1 year ago.

You need to go to county clerk where person

deceased and name of the executor/administrator and

copy of your bill and demand letter as a creditor.

Expert:  RayAnswers replied 1 year ago.

The executor/administrator has to pay it or reject it under law above.

Expert:  RayAnswers replied 1 year ago.

If rejected you can then sue the estate.

Likely they pay your claim if there are funds.

There is no specific form here a letter with bill attached will suffice.

Expert:  RayAnswers replied 1 year ago.

All claims must be filed within six months of the date that letters testamentary or letters of administration are granted, as long as each known person who may have a claim against the estate is given at least 30 days personal notice. Creditors file claims by submitting an affidavit to the Alabama probate court for filing as a lien against the estate.

Expert:  RayAnswers replied 1 year ago.

So a cover letter to the executor with bill

and your affidavit.

Expert:  RayAnswers replied 1 year ago.

You submit the letter, affidavit and bill

for the amount you seek here.This is

your creditor claim for payment. I

appreciate the chance to help you today.

Expert:  RayAnswers replied 1 year ago.

These are the documents you need to properly file your creditor claims once you locate the probate case number

and name of the executor or administrator who you send the claim too.The county clerk should be able to help you locate

the case.It will be under the Estate of ..the deceased's persons name.

Thanks again and good luck with all.

If you can leave a positive rating it is always much appreciated.

Customer: replied 1 year ago.
I need a list of the motions.
Customer: replied 1 year ago.
The estate has been open 10 years and a house it owned burned. Insurance paid and I did the repairs. Executor of the estate died. I am filing a civil suit. How do I let probate court know?
Expert:  RayAnswers replied 1 year ago.

You would have to sue the estate in the court where probate has been opened.You would serve the current executor--see if a new one was appointed.

Reference to that..

http://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter8-10.html

You would want to file a claim here first against the estate using forms above.The estate might pay you.

There are no motions here--its a cover letter, with affidavit and bill or list of amounts you are owed.

You submit this to the estate to see if they will pay you.If they reject it then you sue.

Expert:  RayAnswers replied 1 year ago.

You can sue here in small claims without a lawyer up to $6k here are the forms to do that.

http://www.alabamalegalhelp.org/resource/small-claims-court

Sue the estate and the current executor if there is one.You will have to research the estate here to get that information.

Thanks again.

Expert:  RayAnswers replied 1 year ago.

If it is more than $6k you will need an Alabama lawyer to file a civil suit including lawyer fees against the estate.There are no premade forms for that it has to be drafted based on your facts.I would submit your claim against the estate first--this costs nothing and you may be paid by estate and go from there either small claims or using a lawyer to sue for more than $6k..

Thanks again.

Customer: replied 1 year ago.
it is over 6 k. I need to type up the forms motion to clarify? how do you respond to motions? Is their a motion cover sheet for probate? Is the probate motions cover sheet the same as civil?
Expert:  RayAnswers replied 1 year ago.

You would file a Response to Motion to Clarify setting out your response to their motion.

Each court may have a cover sheet, you need to call the probate court and ask the clerk, you can fill out the cover sheet when you are there if you have too.

Thanks for the follow up and good luck here with all.Appreciate the chance to help you .

Customer: replied 1 year ago.
I still need to know if I can have a claim in probate and in circuit court
Expert:  RayAnswers replied 1 year ago.

No you have to pick one.If you are denied in probate then you sue in circuit court..

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