Guiding Families Through Life’s Legal Transitions with Compassion and Clarity

 

When a loved one passes away or becomes unable to manage their own affairs, families are faced with emotional and legal challenges. At EMW LAW, we help families across Alabama navigate probate estate administration, adult and minor guardianships, and conservatorship matters with dignity, efficiency, and care.

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Whether you’re administering an estate, protecting an incapacitated loved one, or ensuring a minor’s best interests, our Birmingham-based firm provides trusted legal guidance every step of the way.

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Probate Estate Administration

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When a loved one passes, the probate process can feel overwhelming. You’re not just managing paperwork, you’re dealing with grief, family dynamics, financial uncertainty, and legal deadlines. At EMW LAW, we help families in Birmingham, Jefferson County, and across Alabama navigate probate with clarity, compassion, and confidence. With years of experience in Alabama probate law, we support executors, personal representatives, and heirs through every step, so you can focus on what matters most.

 

What Is Probate and Why It Matters

Probate is the court-monitored legal process by which the assets of a deceased person are collected, debts and taxes are paid, and the remaining property is distributed to heirs. In Alabama, probate ensures:

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• The will (if any) is validated

• A personal representative (executor or administrator) is appointed

• Creditors are notified, and claims resolved

• Assets are distributed in compliance with the will or state law​

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If probate is mishandled, heirs may face delays, legal liability, disputes, or lost assets.​

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How Probate Administration Works in Alabama

 

 

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​​​​A straightforward probate estate administration matter often takes 6–12 months, though estates with disputes, missing assets, or complex holdings can take longer.

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Why You Should Hire an Attorney vs DIY

You may wish to bring in a lawyer if any of the following apply:

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• The estate includes real property, business interests, or out-of-state assets

• Heirs or beneficiaries are contesting or disputing the will

• You’re uncomfortable with preparing legal filings, valuations, or court procedures

• There are tax issues or creditor claims

• You want protection from personal liability as an executor

 

Even in “simple” estates, legal oversight can help prevent mistakes, missed deadlines, or unnecessary expenses.

 

 

 

 

​​​Ready for Us to Get Started on an Estate Administration Matter?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

​​Guardianships and Conservatorships

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When a person cannot safely make personal or financial decisions, and no less restrictive option (like a durable power of attorney) exists, a guardianship or conservatorship may be necessary. A guardianship gives a trusted person legal authority to make personal and healthcare decisions for an adult who can no longer make those decisions independently, often due to age, illness, or disability. A conservatorship is a court appointment allowing someone to manage an incapacitated person’s financial affairs, paying bills, handling property, managing income, and safeguarding assets.

 

In Alabama, the probate court has authority to appoint a guardian or conservator for someone who can no longer manage their personal or financial affairs. Sometimes the same person serves as both guardian and conservator, but in other cases, the court appoints different individuals. These cases are deeply personal, and often emotional, because they involve stepping in to protect a loved one’s safety, dignity, and future.

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You may need to pursue guardianship or conservatorship if:

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• A parent, spouse, or relative has been diagnosed with dementia, Alzheimer’s, or another cognitive condition

• An adult has suffered a serious brain injury or medical condition that limits decision-making ability

• A person with disabilities is turning 19 (adulthood in Alabama), and you want to continue making decisions for their care

• An individual is being financially exploited or neglecting basic needs (e.g., bills, medications, housing)

• There’s no valid power of attorney or advance directive in place

• A child’s parents have passed away, become incapacitated, or are unfit

• A child’s parent is incarcerated, deployed, or struggling with addiction

• A relative or family friend needs legal authority to enroll the child in school or make medical decisions

• A child has inherited assets that need protection and management until adulthood

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Obtaining Guardianships and/or Conservatorships in Alabama

While each county’s probate court may have slight procedural differences, the general steps are as follows:

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1. File a Petition in Probate Court

You (the petitioner) file a Petition for Appointment of Guardian and/or Conservator in the probate court where the incapacitated person (the “ward”) resides. The petition must include detailed information about the person’s condition, next of kin, and reasons for the request. You’ll need medical evidence, typically a physician’s statement or evaluation, showing that the person is unable to manage their affairs due to mental or physical incapacity.

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2. Notice to Family and Interested Parties

You must notify the person you’re seeking to protect, as well as close relatives (such as a spouse, adult children, or parents). This gives everyone a chance to support or contest the petition.

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3. Appointment of a Guardian ad Litem

The court usually appoints a guardian ad litem (GAL) , a neutral attorney, to investigate and represent the interests of the proposed ward.
The GAL meets with the individual, reviews medical records, and files a report recommending whether guardianship or conservatorship is appropriate.

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4. Court Hearing

The probate judge will hold a hearing to review the evidence and hear testimony. If the judge determines that the person is incapacitated and that the proposed guardian/conservator is suitable, the court will issue Letters of Guardianship or Letters of Conservatorship granting legal authority.

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5. Post-Appointment Duties

Once appointed, you’ll be legally responsible for acting in the ward’s best interests. This includes:

• Filing initial and annual reports or accountings with the court

• Making decisions consistent with the person’s welfare and preferences

• Seeking court approval for major actions (selling property, relocating, etc.)

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6. Termination or Modification

Guardianships or conservatorships can be modified or terminated if:

• The ward regains capacity

• The guardian/conservator can no longer serve

• Circumstances change (e.g., the ward passes away)

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Why You Should Hire an Attorney vs DIY

An attorney can help you with the following:

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• Prepare and file all necessary petitions, notices, and court documents

• Coordinate physician evaluations and reports

• Represent you at the hearing before the probate judge

• Guide you through your fiduciary duties after appointment

• File your required accountings and reports so you remain compliant and protected

 

Our goal is to make a complex, emotional process as smooth and dignified as possible, while safeguarding your loved one and your peace of mind.

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