fbpx

ALABAMA PROBATE ESTATE ADMINISTRATION

Alabama Probate Estate Administration

Itโ€™s often said, โ€œNothing is certain except death and taxes.โ€ Well, death is certainly inevitable and with death in Alabama comes the Alabama probate estate administration of the deceased person.

You may wonder exactly what probate means?ย  Probate is the legal process used to transfer your probate assets to your heirs when you pass away.ย ย 

Non Probate Assets

The probate process controls only thoseย assets held just in your name that do not otherwise pass to someone else at your death.ย  If you have assets that legally pass by operation of law some other way, they are not subject to your Will or probate.ย  For example, assume you own assets with someone else jointly with a right of survivorship.ย  Those assets pass to the other person immediately upon your death.ย 

If you have assets with beneficiaries designated on them such as life insurance, annuities or retirement accounts the asset goes to the beneficiary directly and bypasses probate.ย  Transferring title to these assets does not require Alabama Probate Estate Administration.

An Estate with a Valid Will

If you left a valid Will,ย  your executor will file your Will with the probate court to get letters testamentary.ย  The executor must give notice to potential heirs who have the right to object to the executor if they want to do so.ย  If so, the probate court will hold a hearing to decide whether to proceed.ย  If so, the court will issue the letters testamentary.ย 

The executor will get the legal authority to process your estate and probate assets from the letters testamentary. Once the letters testamentary are issued the executor has several duties.ย  The executor must give notice to creditors, pay claims against your estate, gather and manage assets, then make final distributions to heirs.ย  It is important to note that the executor is not personally liable for the debts of the estate.

Probate is a public process and takes many months and sometimes years to complete.ย  Depending on the level of agreement among the heirs and complexity of the estate, it could take several court hearings.ย  All of these steps are part of Alabama Probate Estate Administration.

 

An Estate Without a Valid Will

Probate estate administration gets far more complicated and expensive if you do not leave a Will.

If you have no Will, someone will petition the probate court for Letters of Administration, then go about the business of settling your estate. The administrator will have to post a bond which can be expensive. The probate court is also more involved during an estate administration. The administrator of the estate prepares an inventory of the estate assets and reports back to the court, sometimes several times. All this is expensive, time-consuming, and, frankly, tedious.

With or Without Estate Planning.

Your estateย willย be settled.ย  If you have probate assets, then your heirs will have to go through probate.ย  We can help make that process as painless as possible. We know the right estate planning tools to use to help your family avoid a lengthy Alabama probate estate administration.

Call us atย 256-472-1900ย or use ourย Contact Formย to let us know youโ€™re ready to develop your estate plan.

Learn the 7 Steps to Handling Your Loved Ones Estate – Download Your Copy Today!

Testimonials

โ€œWe started with a group of lawyers and helpers and ended with new friends! Everyone was so nice and friendly, even outside the office, and you always knew us by name. You were very professional, helpful with all questions and you put things on a human level.โ€

Wendell & Martha

โ€œI am very satisfied and optimistic about what will happen to my children and my assets after my death. Mr. Miller explained everything to me and gave me information to help me make these decisions. Youโ€™re outstanding and I am completely satisfied with the results of my encounter with this firm.โ€

Geneva

โ€œWe expected a complete estate established that protects our assets and we received that protection. Your firm did an excellent job!โ€

Hayward &ย Naldia

โ€œBill and Mary were very much people persons. Your firm is competent as well as personable.โ€

Charles & Susie

โ€œWorking with you (Miller Estate and Elder Law) has been a pleasant experience.โ€

Chris & Dot

โ€œI got a firm that was caring, understanding and knowledgeable. No one can beat Miller Estate and Elder Law Attorneys!!โ€

Lynn

Miller Estate and Elder Law

ย 256-472-1900
bill@millerestateandelderlaw.com

Anniston Office

818 Leighton Ave.
Anniston, AL 36207

Birmingham Office

2100 Southbridge Parkway; Suite 650
Birmingham, AL 35209

Disclaimer

A decision on legal services is important, and should not be based solely on advertisement.

No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers.

Please be aware that sending an e-mail to Miller Estate and Elder Law, does not create an attorney-client relationship and that you therefore are not entitled to have us treat the information contained in such an e-mail as confidential. An attorney-client relationship is not created until we consider potential conflicts of interest, agree to represent you, and confirm our representation in a written engagement letter to you. If you are interested in establishing an attorney-client relationship, we invite you to call or visit with us.