When a person passes away leaving a will, their assets must be disbursed according to their estate plan through a process called probate. The probate process gets a bad reputation but it has many useful features and purposes. At Alabama Property & Estate Law, LLC, our probate lawyer in North Alabama helps executors and personal representatives of Wills or beneficiaries of an estate through the probate process. Starting with applying for admission of the will to probate court, obtaining letters testamentary, identifying estate assets, challenging claims filed against the estate, and ending with the distribution of assets and inheritances to the beneficiaries. Contact us by either using the online form or calling us directly at 256-489-0038 to schedule a consultation and learn more.
Send us a Consultation Request
Overview of Probate in Alabama?
Probate is the legal process by which the probate court validates a deceased person's estate plan or will, supervises the gathering of assets and belongings, known as their estate, and ensuring inheritance is passed on to heirs, spouses, or beneficiaries. Both the probate process and outcomes can look very different, depending on whether the decedent had a valid Will at the time of death.
The Early Stages of Probate
The probate process begins when the decedent passes away. A petition is filed with the proper court to have probate opened. The next step is to identify the administrator or personal representative of the decedent's estate.
- If there is a Will, an personal representative will likely be named by the will.
- If there is not a Will, the law allows certain individuals and creditors to apply to be the administrator of the estate.
Once a personal representative, executor, or administrator is approved and appointed by the court, they must:
- Notify the heirs;
- Publish notice for any creditors;
- Take inventory of the estate (e.g. bank accounts, retirement accounts, stocks and bonds, real estate, personal effects); and
- Secure all assets.
How probate proceeds depends primarily on whether there is a Will or not.
Probate with a Will
If the decedent died with a Will, the Will must be found, filed with the court, and authenticated before its terms are put into action. This process may involve a court hearing where parties named in the Will and parties not named but who would have inherited but for the Will are in attendance. Most commonly, the interested parties will file waivers and consent documents allowing the will to be admitted. During this hearing, an interested party may contest the Will.
If the Will is challenged, then another hearing may be set. The challenger has the burden to prove the Will's invalidity. Challenges are often based on allegations of undue influence, fraud, or misrepresentation. Challenges are also brought forward when there is believed to be another Will invalidating the Will offered to probate court.
If there are no challenges to the Will, the executor or personal representative must first pay off all debts of the estate. Once creditors are paid, the executor distributes the remainder to the beneficiaries in accordance with the Will.
If the court decides the Will is valid, the executor can pay debts, bills, and applicable taxes, and distribute assets. If the court decides the Will is invalid, it will apply the state's intestacy laws. On the other hand, if the court determines the other Will is valid, it will allow the executor to apply the valid Will (as opposed to the invalid Will).
Probate without a Will
If there is no Will, the decedent is said to have died intestate. This does not mean their assets will not be inherited, it just means their property will pass to their heirs through their state's intestacy laws. In this case the court will appoint an administrator who will be required to purchase a bond, draft an inventory, and keep an accounting of the financial transactions related to the estate. Once the executor has located all the decedent's assets and notified and paid the creditors, the probate judge will apply the state's laws of intestacy to determine which heirs get what assets.
The End Stage of Probate
Once debt and bills are paid and the remaining assets are distributed, the executor will submit receipts and records of everything to the court. At that time, the executor will ask the court to close the estate and release the individual from the role of executor.
Do You Need a Probate Lawyer in Madison County or Limestone County Alabama?
Whether you need a probate lawyer depends on how well the estate plan was set up. Regardless, a probate lawyer offers important services that can help speed up the probate process. A probate lawyer can help with the following:
- Initial petition and appointment of personal representative or administrator
- Proper notification of creditors
- Collection of proceeds from life insurance policies
- Identification and securing of estate assets
- Appraisals for the decedent's real property
- Challenging claims
- Preparation and filing of all documents required by a probate court
- Transfer of assets to beneficiaries
Contact a Probate Lawyer in Alabama Today
We are here to help you with your estate plan so that it survives any challenge during probate. If you are the executor or beneficiary of an estate, we can also guide you through the probate process. If you have questions, contact Alabama Property & Estate Law, LLC either online or at 256-489-0038 to schedule a consultation with our estate planning lawyer today.