Guiding You Through the Probate Administration Process with Compassion and Expertise

 

We understand how challenging it can be to lose a loved one, which is why we are here to provide the legal support and guidance you need during this difficult time. We help families navigate the probate process efficiently, ensuring that the estate is administered according to the law and the wishes of the deceased. 

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Ready to get started?

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Frequently Asked Questions

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What is probate, and why is it necessary?
Probate is the legal process of administering a deceased person’s estate. It ensures that the person’s debts are paid and assets are distributed according to their will or state law.

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How long does probate take in Alabama?
The duration of probate can vary depending on the complexity of the estate, but it typically takes between six months to a year. Complex estates or contested wills may take longer.

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What can delay the probate process?

There are several factors that could potentially cause delays in the probate process. Some are court-related delays that are unrelated to the estate. For instance, the COVID-19 pandemic led to shutdowns and delays that added months to the probate process in many states. There are also estate-specific scenarios that could potentially impede individual timelines. For instance, conflict between beneficiaries could arise. Claims, infighting and lawsuits can delay the process. Problems with assets, such as difficulty organizing and identifying assets or assets belonging to more than one state can create complications. Last but not least, the filing and payment of a variety of applicable taxes can eat up the timeline.

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Do I have to have a Lawyer?

The complexity of handling estates is helpful with the expertise of an attorney, but having an attorney is not required.

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Do I need to Probate a Will?

Yes, the Will must be probated to have legal effect. Before deciding not to probate a Will one should consult an attorney.

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How long do you have to file probate after death?

A Will must be filed for probate shortly following the death of its testator (the person who created the Will.)  In Alabama, to be effective, a Will must be filed for probate within five years of the date of the testator's death.

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What assets have to go through probate?

Assets that must pass through probate include any financial asset, personal property, or real estate that the decedent owned in their name at the time of passing. These are called probate assets. There are some exceptions, called non probate assets, that do not have to pass through probate. Common examples include assets and accounts with beneficiary designations, assets and property that were transferred into a Trust (and are thus owned by the Trust and not the decedent), and certain types of property with payable-on-death or survivorship rights attached to them. Understanding the differences between probate and non probate assets is a critical piece to preparing for the probate process. 

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Can I avoid probate?
Yes, there are ways to avoid probate, such as creating a living trust. Our attorneys can advise you on the best strategies for your situation.​​​