Greene Law Firm

ALABAMA PROBATE

LEARN WHAT IS PROBATE, HOW THE PROBATE PROCESS WORKS, AND WHAT YOU CAN DO TO AVOID PROBATE…

What is Probate? When is Probate Required?

Probate is the legal process in Alabama that takes place after someone passes away to manage and distribute their assets. The probate court oversees this process, verifying the deceased person’s assets and determining the rightful heirs or beneficiaries of the estate.

In Alabama, probate is necessary in the following situations:

  • When there is no Last Will and Testament;

  • When there is a Last Will, but it is deemed invalid under Alabama law; or

  • When there is a Last Will, but no trust has been established to manage the estate.

Additionally, probate may be required for estates exceeding Alabama’s small estate threshold (currently $25,000 as per Alabama Code § 43-2-692, subject to adjustment). For personalized advice, it’s wise to consult an experienced Alabama probate attorney.

What Happens During Probate?

The probate court appoints an Executor (if named in a valid will) or an Administrator (if there’s no will or the will is invalid) to manage the estate. This individual is responsible for:

  • Communicating with the deceased’s family;

  • Identifying and inventorying all assets;

  • Paying off any outstanding debts and taxes, including a final tax return; and

  • Distributing the remaining assets to the legal heirs or beneficiaries once approved by the court.

If no heirs or beneficiaries are found, the estate may escheat (transfer) to the State of Alabama.

Why Do You Need an Experienced Probate Attorney?

  • Navigating probate without professional help can lead to costly mistakes. Without a solid understanding of Alabama probate laws, you might encounter:

    • Delays in settling the estate;

    • Increased expenses;

    • Future legal complications;

    • Emotional strain; or

    • Disputes among family members.

    Our firm specializes in guiding Alabama families through probate with care and efficiency. We aim to minimize stress and ensure that our clients receive their rightful inheritance as smoothly as possible.

How to Avoid Probate?

One of the most effective ways to bypass probate in Alabama is by establishing a Revocable Living Trust or an Asset Protection Trust.

These trusts allow you to designate a Trustee to manage and distribute assets—like real estate, bank accounts, and personal property—to your chosen beneficiaries upon your death.

In Alabama, a properly funded trust can spare your loved ones the time, cost, and public nature of probate proceedings, offering a seamless transfer of your estate.

Contact Us Today

Facing probate in Alabama or looking to plan ahead to avoid it? Our skilled probate attorneys are here to provide tailored support.

Whether you’re dealing with an estate now or preparing for the future, we’ll help you navigate the process with confidence.

Reach out at (205) 746-2465 or info@greenelawfirm.com to schedule a FREE initial assessment. Let us assist you in protecting your legacy and supporting your family.