Alabama Probate - Probate in Alabama
If you are currently in a situation where you’ll be dealing with the Alabama state court system in relation to a probate or estate related matter, or if you think that you will be in this kind of situation in the near future, it is important that you hire an attorney that knows the ins and outs of Alabama probate law.
Probate law has to do with the handling of an estate when someone, such as a family member or other loved one, passes away. These are the laws that make sure that the creditors are paid properly and that assets are distributed to the “heirs,” or the descendant. When you find yourself in a situation where you’ll be dealing with probate law, it’s a good idea to already have in mind what you are going to need to do.
What exactly is Probate? Probate is a legal process that begins with a “petition” (a request) to open the estate and name a personal representative who is responsible for the administration of the deceased’s property. The next step is when an official Notice of Creditors is printed in a local newspaper and Notice of Administration is sent to other involved parties. Creditors then have a set amount of time to file their claims from the first date of publication. Then the personal representative can pay the debt and distribute the remaining estate. Finally, a petition for discharge is filed, and the estate is closed.
While on one hand, this may sound simple, probate law and the handling of estates is in fact a complex system, which presents you with multiple requirements and tasks to be preformed by the personal representative, an experienced attorney and a tax consultant. For example, an estate including only a single house and single bank account that has been left to a single beneficiary will probably be a far easier and quicker process to deal with than an estate containing multiple houses that are located in various states, and that are left to multiple beneficiaries. This becomes especially difficult if an estate includes leaving assets to a minor.
Probate Law in Alabama
If you think that you’re going to have to probate in Alabama, it’s a good idea to know the importance of understanding procedures, as well as the ins and outs of “execution, acknowledgement and proof” of petition. Do you know what a will contest is? You’ll want to, if you’re dealing with the Alabama State probate code. What does the surviving spouse receive? Questions like these are only a few of the many that anyone dealing with probate should be able to answer. The following are brief descriptions of some of the specifics that anyone dealing with probate should know.
The importance of understanding how the procedure works is essential. If you don’t know the Alabama State laws well, and if you don’t have time to invest in learning them, you can hire an attorney, who has spent years with matters like these. Attorneys make sure that your specific case is handled properly, having at their advantage, years of experience and know-how. They usually take care of all the formalities and consult you for all decisions that are to be made. With an attorney, you have someone who is going to explain to you the complex issues in a language that you can understand. Therefore, you don’t have to try to decipher the hard-to-read probate code. Sometimes it’s just nice to have someone else on your side; especially when that person has an extensive legal background.
The execution, acknowledgement and proof of wills are important matters, in regard to probate laws. If you’re currently handling a will, you should know that all wills in Alabama must be “proved” by at least one of the people who were “witnesses”, when the deceased signed the will. If you are dealing with a lost will, you’ll be able to probate it, however the contents will have to be proven by the witness, in a manner defined by the Alabama courts.
When you are going to write a will, or witness the writing of someone else’s, you should remember that every will needs to be singed by the “testator”, or by someone else, only if the testator is present and in agreement. It is clear that the treatment of wills in Alabama requires extensive knowledge about the legal system. Attorneys will help you handle these matters as you wish them to be handled, while advising you on issues that may need clarification and explanation.
Will contests are an important matter as well. Any heir can contest the validity of the will and the way that it has been handled. This procedure is carried out by filing a formal complaint in the “circuit court”, only if this heir has not contested this will beforehand. In other words, a person can only contest one specific will once. Contesting a will is not something that you want to do on your own, unless you have had ample time for legal study, which most people haven’t. An attorney takes care of these specific and complex procedures.
With an attorney, the confusing language of the law is put into clear, understandable terms, so that you are aware of what’s going on, and you end up getting all that you are entitled to. An attorney helps you file your formal complaint, in order to get the will-contest process moving. Without a lawyer, this process can be confusing and time consuming since procedures done incorrectly will have to be repeated.
Anyone dealing with probate in Alabama should know that the surviving spouse receives the entire estate of the deceased, as long as there is no living parent. However, if a parent is still alive, the spouse still receives the first $100,000,000 in value, and one half of the estate balance. There are other specifications as well, which could not possibly fit in a brief article like this one. But what you can see from this is the need for assistance with probate matters.
If you are a spouse in the process of inheriting an estate, it is to your benefit to seek legal advice, so that you assure the success of the process. While it may seem like a better idea to deal with the matter on your own; there is a greater risk that you won’t receive all that you are entitled to, as a result of you unfamiliarity with the Alabama probate code.
As you can see, handling Probate laws is not an easy thing to go through or deal with, which is one of the many reasons why it’s often a good idea to hire an attorney experienced in the field of Alabama probate law to help you with the matter. Having an attorney on your side will help you make sure that the estate and assets of your loved one are handled in a proper and legal fashion.
Alabama Cities Served By A 1800 Probate Lawyer
| Birmingham | Montgomery | Mobile |
| Huntsville | Tuscaloosa | Hoover |
| Dothan | Decatur | Auburn |
| Gadsden | Florence | Bessemer |
| Madison | Prichard | Phenix City |
| Homewood | Center Point | Selma |
| Vestavia Hills | Alabaster | Northport |
| Prattville | Smiths | Athens |
| Anniston | Enterprise | Albertville |
| Opelika | Mountain Brook | Daphne |
| And Many More! | ||
|---|---|---|
Alabama Counties Served By A 1800 Probate Lawyer
| Autauga County | Baldwin County | Barbour County |
| Bibb County | Blount County | Bullock County |
| Butler County | Calhoun County | Chambers County |
| Cherokee County | Chilton County | Choctaw County |
| Clarke County | Clay County | Cleburne County |
| Coffee County | Colbert County | Conecuh County |
| Coosa County | Covington County | Crenshaw County |
| Cullman County | Dale County | Dallas County |
| DeKalb County | Elmore County | Escambia County |
| Etowah County | Fayette County | Franklin County |
| Geneva County | Greene County | Hale County |
| Henry County | Houston County | Jackson County |
| Jefferson County | Lamar County | Lauderdale County |
| Lawrence County | Lee County | Limestone County |
| Lowndes County | Macon County | Madison County |
| Marengo County | Marion County | Marshall County |
| Mobile County | Monroe County | Montgomery County |
| Morgan County | Perry County | Pickens County |
| Pike County | Randolph County | Russell County |
| St. Clair County | Shelby County | Sumter County |
| Talladega County | Tallapoosa County | Tuscaloosa County |
| Walker County | Washington County | Wilcox County |
| Winston County |
