What is Probate?
Probate is the legal process for administering a deceased person’s estate. If the decedent had a valid will, the Probate Court determines whether the will should be admitted and appoints the named executor, if qualified. If the decedent died without a will, the Court may appoint an administrator, and the estate is distributed according to Alabama intestacy law.
Probate may be necessary when the decedent owned assets in his or her individual name without a beneficiary designation, survivorship provision, payable-on-death designation, transfer-on-death designation, or trust ownership.
Common probate assets may include:
- Real estate titled solely in the decedent’s name;
- Bank accounts without a payable-on-death beneficiary;
- Vehicles or personal property titled solely to the decedent;
- Business interests;
- Investment accounts without beneficiary designations;
- Refunds, claims, or proceeds payable to the estate; and
- Personal property requiring formal transfer authority.
Not every asset must pass through probate. Some assets may transfer outside probate by beneficiary designation, joint ownership, survivorship rights, or trust administration.
Testate Administration
When a person dies with a will, the will generally names an executor and directs how estate assets should be distributed. The will must typically be filed with the appropriate Alabama Probate Court. If admitted to probate, the Court may issue Letters Testamentary authorizing the executor to act on behalf of the estate.
The firm assists with:
- Filing the original will;
- Preparing the petition to probate the will;
- Notifying heirs and beneficiaries;
- Obtaining Letters Testamentary;
- Addressing will interpretation issues;
- Assisting with creditor claims and estate administration; and
- Completing final settlement and distribution.
Intestate Administration
If a person dies without a valid will, the estate is administered under Alabama intestacy law. In that situation, the Probate Court may appoint an administrator. The administrator is responsible for collecting estate assets, paying lawful debts, and distributing remaining property to the decedent’s heirs according to Alabama law.
The firm assists with intestate estates involving:
- Surviving spouses;
- Children from the same or different relationships;
- Minor heirs;
- Unknown or difficult-to-locate heirs;
- Real property passing to heirs;
- Family disagreements; and
- Questions regarding who has priority to serve as administrator.
