Processing and grieving the loss of a loved one is a difficult journey for those family members and friends left behind. Add to that the looming prospect of having to navigate the probate process to settle that loved one’s estate and it quickly becomes even more overwhelming.
What is Probate?
In simple terms, probate is a legal process that takes place after someone dies. As a legal process, it involves significant paperwork and, usually, an attorney. During the probate process, that person’s will, if one exists, is proven in court to be valid. Then an inventory is taken of the person’s property and that property is appraised to determine its value. Information and proof of any and all debts are also collected, with claims settled from the assets of the estate before the process is closed.
After all claims against the estate have been settled, the remaining assets are distributed according to the terms of the will, if one exists. If there is no will, there are state laws that determine how the remaining assets are to be distributed.
The purpose of the probate process is consistent across all of the United States – properly dealing with the assets and debts of the estate of a deceased person. However, each state may have different rules and laws established to address specific aspects of the probate process.
Alabama State Probate Process
In Alabama, if the decedent had a will, it will name a specific individual to serve as Executor of the decedent’s estate. This person will be the one to initiate the probate process and make sure that all laws, rules, and regulations are followed precisely. The Executor is responsible for making sure all claims filed legally filed against the estate are settled, and that all remaining assets are distributed as specified in the will. This requires a good deal of the Executor’s time and attention, as the probate process can last anywhere from six months to several years.
This is the position Melissa Davis found herself in following the death of her mother.
Melissa’s Story
Melissa is a 47-year-old wife and mother who was referred to us here at American Made Home Solutions by a friend who had gone through a similar situation 4 years ago. Melissa’s father is also deceased. Melissa and her only sibling, a sister, each own a home larger than their mother’s home and had already decided to sell the home and split the profit equally from the sale. However, they both lived in other states and could not take the extra time off from work and their own family responsibilities for a long, drawn-out legal process.
As in most other states, Alabama has a “small estates” rule that allows estates appraised at a value below $25,000 and with no real property to skip the lengthy probate process and, after 30 days, go through a summary probate procedure that is much quicker and less complicated. Melissa’s mother’s estate far exceeded this amount, and since the estate included the home – real property – it would not have qualified.
So, Melissa found herself in a crisis – she lived four hours away from Huntsville and the time, distance, and expense of the constant trips were really wearing her down. She was still trying to deal with her mother’s death and was just wanted to be with her family. She and her sister were also anxious to avoid any additional expenses related to their mother’s home including additional property taxes, and maintenance and repairs. So she started looking at options for selling her mother’s house since she could handle most of the other paperwork and details from her own home. That is how she found us at American Made Home Solutions.
Crisis Eliminated
Melissa found our website online while researching alternative options to selling her mother’s home. She realized that the older home would need significant updates, maintenance, and repairs to be ready for selling on the traditional market. She asked for a consultation so she would be ready to move forward once the lengthy probate process was finished. with theThrough our extensive knowledge of the real estate business, our vast network of resources, and our years of expertise, we are able to assist homeowners with a wide variety of real estate problems, including Melissa’s current crisis.
We were able to connect Melissa with a probate expert with whom we often consult. He was able to explain an option that could speed up and simplify the process for Melissa and her sister.
Her mother’s will had actually included a section instructing her to go after independent administration of the estate. This clause gives the executor more flexibility in handling the matters of the estate. She filed the paperwork with the court asking for this type of estate administration to be approved.
After making sure that all heirs agree to Independent Administration and that Melissa understood what was required in regard to settling any claims against the estate, the court approved her request. It was further noted that her mother’s estate also qualified for this manner of handling because the mortgage on the home had been paid off when her father died so no liens were attached to the real property.
Once the Independent Administration of the estate was approved, Melissa contacted us about selling her mother’s home in as-is condition. She and her sister decided they would rather sell it quickly to us for cash and be able to wrap up the handling of her mother’s estate. We were able to make her a fair offer, which she accepted – crisis eliminated.
Why American Mae Home Solutions, LLC?
We pride ourselves on our reputation for working one-on-one with each customer to handle their individual situations.
With the ability to directly purchase homes and make cash offers, we can create an extremely fast, and hassle-free transaction.
Our mission is to rejuvenate neighborhoods and increase the standard of living by improving the overall quality of housing for the residents.
American Made Home Solutions is truly committed to helping each individual customer. We focus on fast response, integrity, and over-delivering on customer service. Contact us today to see how we can help you.
