If you have a family member or friend who passed away recently and you’re wondering about the next steps to probate their last will and testament or begin the process of transferring their estate to their heirs or beneficiaries, The Law Offices of Brenton C. McWilliams is here to help.
The passing of a loved one is never easy. And when you’ve been named executor, the burden to carry on the wishes of the deceased can feel even heavier. Your loved one thought you were the best fit to handle their estate after death, but now that the time has come, it may be more difficult than you anticipated.
Our Baldwin County probate lawyers have years of experience in probate estate administration and aiding people who find themselves in your position. We can provide knowledgeable, compassionate legal representation to help you manage your loved one’s assets and honor their wishes, while expediting the process so heirs and beneficiaries receive their inheritance in a timely manner.
We’ll take over for you so you can get back to what matters most—your family. Call our Baldwin County probate lawyer today to start a conversation about how we can help.
What Information Should You Have Ready to Begin Probate Estate Administration?
When you call us to begin the probate process, we’ll have a few questions to get started. Gathering this information before calling will help us provide the most efficient guidance for your situation:
- Did your family member or friend create a last will and testament? (If you’re not sure, and you think someone else may know, it would be helpful to talk with them first before calling us.)
- If your family member or friend created a last will and testament, are you named as the executor?
- Generally, what assets did your family member or friend own at their death? A house? A bank account, etc.? (If you are not sure whether beginning an estate is necessary, this information is essential to help us talk you through making that decision.)
What is Probate and Estate Administration?
Probate—or estate administration—is the legal process of transferring a deceased person’s property to their beneficiaries. This process can happen with or without a will in place and includes probating a will, drafting and submitting paperwork to the court, and managing estate assets.
Probate laws differ from state to state, and the process can be relatively simple or complex depending on the size of the estate and whether there are disputes. Our Baldwin County attorneys can support you throughout the process, offering estate administration services that keep you and your family’s best interests at heart.
What is the Executor or Administrator’s Role During Probate?
As the executor or administrator, you will be responsible for:
- Collecting, managing, and distributing the estate’s property according to the wishes outlined in your loved one’s will
- Settling any debts and taxes owed by the estate
- Filing the necessary paperwork with the court
- Ensuring everything is done according to the proper legal procedures
Serving as the executor or administrator of an estate can be very time-consuming and overwhelming. Our probate attorneys can handle these responsibilities for you, giving you peace of mind during a difficult time.
Alabama Probate Process: What to Expect
The Alabama probate process takes at least six months to complete. Understanding the process helps you plan accordingly and make confident decisions.
The Probate Process in Alabama:
- File a petition with the court that provides information about the deceased person and their assets
- Provide a bond if required by the court
- Appointment of an executor or administrator after meeting statutory requirements
- Take inventory of estate assets—like houses, personal property, businesses, and bank accounts—and liabilities—like loans, credit card balances, and taxes
- Notify creditors of the death and allow time for claims against the estate
- Pay all debts and estate expenses
- Distribute remaining assets to beneficiaries according to state law or the deceased’s will
Filing for probate can be lengthy and detailed, which is why working with an experienced Baldwin County probate attorney is valuable when you’re named as an executor in a will.
How a Baldwin County Probate Lawyer Helps You
If you have recently lost a loved one and are coping with the estate administration process, our probate lawyers can help you. At The Law Offices of Brenton C. McWilliams, we help executors and personal representatives make the right decisions for their family’s future.
Our Probate Services Include:
- Probating a will
- Drafting and submitting proper documents to the court
- Managing estate assets
- Summary distribution of a small estate
- Selling property
- Paying debts, taxes, and final bills
- Opening and managing an estate bank account
- Handling an ancillary estate or foreign probate for a deceased person who was not a resident of Alabama
- Dealing with estate bonds when required by the court
Our team is equipped to help you efficiently address the legal issues concerning your loved one’s estate while providing the compassionate support you need during this difficult time.
The Law Offices of Brenton C. McWilliams: Your Trusted Baldwin County Probate Lawyers
Are you currently working through probate after losing a loved one? You can trust The Law Offices of Brenton C. McWilliams.
At our law firm, you will work with an experienced estate administration professional who will ensure that the estate moves efficiently through probate court. We will provide you with regular status updates. We don’t let our estate files sit on a desk gathering dust.
We’ll help you reduce time and hassle by guiding and assisting you with the many detailed matters concerning estate administration. During our initial conversation, we will listen to your needs and concerns surrounding probate and provide you with information on the best way to move forward.
We have extensive experience in various practice areas related to estate law, including elder law.
Are you planning for the future? We design customized estate plans for each client to help you avoid probate and safeguard your legacy.
Call our Baldwin County law firm to start a conversation about how we can help with probate or estate planning.
FAQ: Alabama Probate Law
How can you avoid probate in Alabama?
You can avoid probate by creating a solid estate plan that incorporates a revocable living trust to transfer assets outside of probate to your beneficiaries after your death. There are several ways to avoid probate with proper planning, and our attorneys can help you explore these options.
Do I need an attorney for probate?
While there is no legal requirement to have a probate lawyer represent you through the probate process, hiring an experienced attorney can help facilitate a smoother process for you and the heirs of the estate. The probate process involves numerous legal requirements and deadlines that our attorneys handle routinely, saving you time and preventing costly mistakes.
How long does probate take in Alabama?
In Alabama, after all the steps are completed to appoint a personal representative of the estate, distribution of the estate will be delayed for a minimum of six months. According to Alabama state law, this is how long unknown creditors or collectors have to make a claim against the estate for unpaid debts. This period also gives administrators time to locate and notify beneficiaries, inventory the estate, and perform other administrative tasks.
How much does an estate have to be worth to go through probate?
The need for probate is not determined solely by the estate’s value but by the types of assets owned and how they were titled. Even modest estates may require probate if assets were held solely in the deceased’s name. Learn more about estate value and probate requirements.
What happens if someone dies without a will in Alabama?
If someone dies without a valid will in Alabama, their estate is distributed according to intestate succession laws. This means the state decides who inherits the assets, which may not align with what the deceased would have wanted.
