Birmingham Probate Attorney

What is an Alabama Probate?

The probate process in Alabama typically involves several key steps. First, your county's Probate Court will validate your will, if you have one. Second, the Court will appoint an executor, administrator, or personal representative to oversee the administration of your estate. Third, the personal representative will notify any creditors of your passing and pay any taxes. Finally, the personal representative will distribute your personal and real property according to the instructions in your will, or if you don't have a will, according to Alabama law.

Who Needs Probate?

Probate is only needed for assets that don't have a clear owner after death, called probate assets. There are probate and non-probate assets. Examples of probate assets include a house owned solely by one person, an individual bank account, or a life insurance policy without a designated beneficiary. These ownerless assets need the Probate Court to determine where they go. The Probate Court steps in to determine who inherits these assets according to the will or Alabama law.

How Long Does Probate take?

There is no set amount of time it takes to finish probate in Alabama. The creditor period is 6 months, but the overall Probate can take much longer. This is especially true if there are many creditors or the probate is contested.

How Much Does Probate cost?

The most common fees associated with Alabama probate include attorney fees, court costs, and bond fees. Probate attorneys can charge by the hour, as a percentage of the estate's value, or with a flat fee. You'll also need to pay filing fees and a newspaper publication fee. In some cases, a bond may be required, which will incur additional fees.

Can Probate be Avoided?

There are several ways to avoid probate in Alabama. These include transferring property to a living trust, owning property jointly with rights of survivorship, and designating beneficiaries on certain assets.