Cunningham v. Lavoie

Summary

The Alabama Supreme Court held that a notice of claim against an estate was timely filed when submitted to the judicial division of the probate court within six months after letters testamentary were issued. The applicable statutes did not require filing in a particular division of the probate court, and the absence of a filing fee at the initial filing did not invalidate the claim for limitations purposes. The court reversed the dismissal and remanded the case.

Holdings

1. A claim against an estate is properly filed when submitted in the office of the judge of probate; Ala. Code §§ 43-2-350(b) and 43-2-352 do not require filing in a particular division of that office.
2. Payment of the probate filing fee was not a prerequisite to filing the estate claim for purposes of the six-month limitations period.

Questions Presented

1. Whether a claim against an estate is timely filed when it is submitted in the judicial division of the probate court, rather than the recording division, if both divisions are within the office of the judge of probate.
2. Whether payment of the probate-court filing fee is a prerequisite to filing a claim against an estate for purposes of the six-month limitations period under Ala. Code §§ 43-2-350(b) and 43-2-352.

Disposition

reversed_and_remanded