do you have to probate a will?

[camoshamrock]

Jurisdiction

Alabama

ok, here is the situation...

My friend's father passed away almost 2 years ago. My friend's step mother has not yet probated the will. She has shown the man's son the first page of the will, but it was only a photo copy. The Step mom gave all of the man's possessions to her children (from a previous marriage) and the man's 2 sons only received their father's tools, fishing equipment and his truck. The son who received his dad's truck would like the will probated to he can get the truck put in his name and have the title. Also, the son's are wanting the will probated to it will become a public record and they can see what their father really left them. She has been blowing through money very quickly and they are afraid their time is about to run out before everything is gone. Since neither one of the man's biological sons are listed as executor's of the will, how can they get this process pushed along. She keeps brushing them off and they are not sure legally what they are able to do. They are not sure what law firm he went through to draft the will and the step mom will not give out that information. Does she have to even probate a will?

 

[army judge]

Here you go, read all about wills, probate, and other related, matters in AL:



Is Alabama Probate Necessary?




How to Probate a Will in Alabama




How Do I Probate a Will in Alabama?




Frequently Asked Questions, Probate Judge, Calhoun County, Alabama




How Probate Works in Alabama

 

[adjusterjack]

Does she have to even probate a will?

There are plenty of circumstances where a will might not have to be probated, especially in the case of a husband and wife where everything is likely to be owned jointly. That means the surviving spouse gets everything and can do what she wishes with everything.

With regard to the vehicle, most states have a simplified method for taking title to an inherited vehicle. The interested party is free to contact the DMV about it:

Alabama Department of Revenue - Motor Vehicles

If your friend thinks that he should have gotten part of is Dad's estate, he is welcome to open probate under intestacy (if that's possible after two years) and take control of his father's remaining assets until the spouse files the will with the court (if the will is more favorable to her).

Items owned jointly by both spouses are not probatable so it really doesn't make any difference if the will leaves something to the son but there was nothing left in the estate after all the jointly owned stuff went to the surviving spouse.