Probate Doesn't Have to Be Hard
Probate is the legal process of settling an estate. We’re here to make it smooth, efficient, and as stress-free as possible.
The Law Offices of Brenton C. McWilliams can help you settle a loved one’s estate in Baldwin County, from filing the will with the probate court to handing the last check to the last beneficiary.
If you’ve just lost someone and you’ve been named executor, you don’t have to figure this out alone. We handle the court filings, deadlines, and paperwork so you can focus on your family.
What is probate in Alabama?
Probate is the court-supervised process of settling a person’s estate after death. In Alabama, it usually means filing the will (if there is one) with the probate court in the county where the person lived, having a personal representative appointed, giving creditors at least six months to file claims, paying valid debts, and distributing what’s left to heirs or beneficiaries. For Baldwin County residents, that court is the Baldwin County Probate Court in Bay Minette.
What to Gather Before You Call
You don’t need everything figured out before we talk. These items help us give you useful answers in our first conversation:
- The original will, if there is one. Keep it safe and don’t remove staples or make marks on it. Copies usually can’t be probated.
- A certified death certificate. The funeral home can usually order these for you.
- A rough list of assets. A house, bank accounts, vehicles, retirement accounts, or life insurance. Note whether any are jointly owned or name a beneficiary.
- Names and addresses of close family, such as a spouse, children, and siblings.
- Any trust documents, if your loved one had a trust.
Not sure whether a will exists? Check with family members, the person’s financial advisor, or the attorney who may have prepared it. It’s fine to call us before you know.
Orange Beach Office
Located near the water, close to The Wharf and marinas.
Foley Office
Located near Tanger Outlets, just off the Foley Beach Express.
Spanish Fort Office
Just minutes from I-10, serving Baldwin County’s east side.
Do You Need to Open Probate at All?
Not every estate needs a full probate case. Whether yours does depends mostly on how property was titled, not just how much it was worth. Our article on how much an estate has to be worth to go through probate goes deeper.
Property that usually passes without probate:
- Assets held in a revocable living trust
- Real estate or accounts owned jointly with right of survivorship
- Life insurance, IRAs, 401(k)s, and accounts with a named beneficiary or payable-on-death designation
Property that usually needs probate:
- A house or land titled in the person’s name alone. Alabama doesn’t offer transfer-on-death deeds for real estate, so this is common.
- Bank accounts or investments in the person’s name alone with no beneficiary
A simpler option for small estates: If your loved one left only personal property (no real estate) below a value set by statute and adjusted for inflation, Alabama’s Summary Distribution process may apply. It’s still a court process, with a petition and waiting periods of at least 30 days after published notice and after notice to the Alabama Medicaid Agency (Ala. Code § 43-2-692), but it’s faster and simpler than a full estate.
Don’t wait too long: In Alabama, a will generally has no effect unless it’s filed for probate within five years of death (Ala. Code § 43-8-161).
The Alabama Probate Process, Step by Step
Every estate is different, but most follow these steps. For more detail, see our full guide to the Alabama probate process.
1. File the Will and Petition With the Probate Court
The estate is opened in the probate court of the county where your loved one lived. For Baldwin County residents, that’s the Baldwin County Probate Court. The petition asks the court to admit the will and appoint a personal representative. Here’s more on what it means to probate a will.
2. The Court Admits the Will
A “self-proved” will, signed with a notarized affidavit from the witnesses, can usually be admitted without the witnesses coming to court. If the will isn’t self-proved, witness testimony may be needed.
3. The Personal Representative Is Appointed
The court issues letters testamentary (with a will) or letters of administration (without one). Banks, title companies, and others will ask for these letters as proof of authority. The court may ask for a probate bond unless the will waives it.
4. Notify Creditors
Notice to creditors is published in a local newspaper, and known creditors receive direct notice. Claims are due within six months after letters are granted or five months from the first publication of notice, whichever is later. Known creditors who receive actual notice have at least 30 days to respond (Ala. Code § 43-2-350). Claims not filed on time are generally barred.
5. Gather and Manage Estate Assets
The personal representative opens an estate bank account, secures property, and prepares an inventory. If the will grants broad powers, the personal representative can often handle routine tasks, like paying bills or selling property, with less court oversight.
6. Pay Debts, Expenses, and Final Taxes
Valid claims, funeral costs, administration expenses, and the person’s final income tax returns are paid from the estate.
7. Distribute the Estate and Close the Case
Once the claim period has passed and debts are paid, remaining property goes to beneficiaries under the will or to heirs under Alabama law. The estate is then closed with the court.
How Long Does Probate Take in Alabama?
Because of the creditor claim period, most Alabama estates stay open at least six months after letters are issued. A straightforward estate often wraps up in six months to a year.
Probate can take longer when:
- Real estate needs to be sold
- Heirs are hard to find or live out of state
- Family members disagree, or someone contests the will
- Your loved one owned property in another state, which may need ancillary probate there
Probate With a Will vs. Without a Will
With a will, the court appoints the executor named in the will, and property passes as the will directs. Learn more about Will Probate.
Without a will, Alabama’s intestacy laws decide who inherits, and the court appoints an administrator, usually giving priority to a surviving spouse, then next of kin. A surviving spouse’s share depends on whether there are children or parents (Ala. Code § 43-8-41). Learn more about intestate estate administration.
Probate at the Baldwin County Probate Court
Estates for Baldwin County residents are handled by the Judge of Probate’s office, based at the Baldwin County courthouse in Bay Minette (220 Courthouse Square). The probate office also has satellite locations in Fairhope, Foley, and Robertsdale for recording and licensing. Hours and contact details for the wills and estates staff are listed on the Baldwin County Probate Office website.
Families from Orange Beach, Gulf Shores, and the south end of the county often ask whether they’ll need to drive to Bay Minette. When we represent the personal representative, we prepare and file the paperwork with the court and let you know if and when your attendance is needed.
If your loved one lived in Mobile County or another Alabama county, the estate is opened in that county’s probate court instead. We help families with estates across Alabama.
When Your Loved One Had a Trust
If your loved one created a revocable living trust, property titled to the trust passes outside probate. The successor trustee settles those assets through trust administration instead.
A small probate case may still be needed for anything left outside the trust. In that case, the pour-over will directs those assets into the trust.
Schedule Your Consultation
How Our Firm Helps Executors and Families
Serving as personal representative is an honor, and it’s also a lot of work on top of grief. Our role is to take as much of it off your plate as possible.
We can help with:
- Filing the will and petition, and preparing court documents
- Obtaining letters testamentary or letters of administration
- Probate bonds when the court asks for one
- Publishing notice to creditors and reviewing claims
- Opening and managing an estate bank account
- Selling estate real estate
- Summary distribution of small estates
- Ancillary probate for property in other states, or Alabama property owned by a non-resident
- Final distribution and closing the estate
We give you regular status updates, so you’re never left wondering where things stand. Our estate files don’t sit on a desk gathering dust.
Meet Your Attorney
Brenton C. McWilliams founded The Law Offices of Brenton C. McWilliams in 2018. He graduated from the University of Alabama School of Law in 2012 and was previously a partner in one of Tuscaloosa’s oldest law firms, concentrating in real estate, estate planning, probate, and business law.
He has served as a city attorney for a local municipality and was appointed a Deputy Attorney General for the State of Alabama. Brenton is admitted to practice before all Alabama state courts. Meet our team or read our 480+ five-star client reviews.
Call Our Law Firm to Talk About Probate
Settling a loved one’s estate is one of the last acts of care you can give them. We’re here to make it as simple and stress-free as possible.
Call our law firm today to start a conversation about the estate, or reach us through our contact page. We serve families across Baldwin County from our offices in Orange Beach, Foley, Spanish Fort, and Fairhope.
Disclaimer: This page provides general information about Alabama probate law and is not legal advice. Reading it does not create an attorney-client relationship. Every estate is different, so please call our law firm to talk about your situation.
Frequently Asked Questions
Do I need an attorney to probate a will in Alabama?
Alabama law doesn’t say you have to hire an attorney. Still, probate involves court filings, published notices, creditor deadlines, and personal liability for the personal representative if something is handled incorrectly. Most families find that working with a probate lawyer saves time and prevents costly mistakes.
How much does probate cost in Alabama?
Costs usually include court filing fees, the cost of publishing notice to creditors, certified copies, a bond premium if a bond is needed, and attorney’s fees. The total depends on the estate. We’ll talk through expected costs in our first conversation so there are no surprises.
How long do you have to probate a will in Alabama?
Generally, a will has no effect unless it’s filed for probate within five years of death. Starting sooner is better, since bills, property, and accounts can’t be fully handled until someone is appointed.
What are common probate mistakes?
The most common mistakes we see are distributing property before the creditor claim period ends, mixing estate money with personal money, missing a creditor or heir who should receive notice, and waiting years to start the process. Each can create personal liability or delays for the personal representative.
What's the difference between an estate planning attorney and a probate lawyer?
An estate planning attorney helps people plan ahead with wills, trusts, and powers of attorney. A probate lawyer helps families settle an estate after someone passes away. Our firm does both, so we can also help you create your own estate plan once your loved one’s estate is settled.
Can the executor sell the house during probate in Alabama?
Often, yes. If the will grants the power to sell, the personal representative can usually sell real estate without a separate court order. If it doesn’t, the court may need to approve the sale.
What happens if someone dies without a will in Alabama?
Their estate passes under Alabama’s intestacy laws, which set out who inherits, starting with a spouse and children. The court appoints an administrator to handle the estate.
How can I help my own family avoid probate?
A funded revocable living trust, beneficiary designations, and joint ownership with right of survivorship can all keep property out of probate. Here are several ways to avoid probate in Alabama.
