Alabama Probate Attorneys
The process of probating a will or intestate estate in Alabama can be daunting. In opening and administering an estate, you must navigate Probate procedure, which can be complex. Often it isn't a do-it-yourself project. It's important to get it right, and our attorneys can help. We'll draft and file the documents required by the Probate Court and we'll provide legal advice throughout the process.
What does it mean to "probate a will"?
When a person dies, their will determines what happens to their property. But this isn't automatic. For the will to have any effect, it has to be taken through the legal process known as "probate."
If a person dies without a will, the laws of Alabama determine what happens to their property. Again, this isn't automatic, and their estate must still be "probated."
How does probate work?
If there is a will, the will is submitted to the probate judge. After notice is given to all next-of-kin, the judge will have a hearing to determine whether the will should be admitted to probate. If there is no objection, the will is accepted, public notice issues to creditors, and letters testamentary issue to the person named by the will as Personal Representative.
This starts the six-month period in which creditors can make claims against the estate. If at the end of the six months, no claims are made, then the estate can close according to the person's wishes.