Killen Probate Lawyer

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Killen Probate Attorney

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Understanding the laws concerning probate in Alabama is exceedingly difficult. These laws are complex and contain many legal terms that are unclear to most people. Navigating probate court can often come at a time when you are grieving a loved one. For these reasons, having a skilled Killen probate lawyer guide you through the process can be helpful.

Settling the estate of someone who is important to you can be overwhelming. The details in these cases are incredibly important, so working through every step with care is crucial. The Law Office of Brad Phillips, LLC is well-versed in probate law and has helped many clients through this complex process. Working with our skilled legal team can save you time, energy, and heartache down the road.

What Is Probate?

If you are handling an estate, you may have heard the term “probate.” However, you may not be familiar with this term. Probate, in short, is a legal process that deals with the affairs of someone who has died. This can include anything from settling their will to distributing their property to resolving their debts. There are many technicalities involved in the probate process, such as preparing and signing legal documents and potentially appearing in court.

While probate is not always necessary when someone dies, there are certain times when it is required in order for their property to be dealt with. The total value of an estate can impact whether the probate process can be bypassed. Consulting a knowledgeable probate attorney or a criminal defense lawyer can help you make this determination, especially if the estate involves any complex legal issues or potential disputes.

Getting Around Probate

You may be wondering if there is a way of getting around probate. While experienced probate lawyers can guide you, there are some things you can do in order to avoid probate, including:

  • Create a living trust. In order to save your loved ones from having to go through probate, you can create a living trust before you die. A living trust can protect assets from the probate process, including property and bank accounts. Creating a legal living trust that will bypass probate may require the knowledge of a probate lawyer to make sure it is done correctly.
  • Add a payable-on-death designation to your bank account. Adding this designation to your current bank account does not allow your beneficiary to control the funds until after you are deceased, but once you are, it allows them to claim the money directly from the bank rather than having to go to court.

Probate Process

In some cases, there may be no way to avoid the probate process. Probate can include an array of tasks, some of which may be reviewing the decedent’s will, filling out various forms of paperwork, appearing in court, taking inventory of assets, and paying debts or taxes owed.

The length of the probate process will depend on the specifics of your case. If the estate you are settling is of smaller value, you may be able to bypass a few of the steps. For more complex matters, you can expect more of a time commitment. Either way, having an experienced probate lawyer to guide you can help streamline the process.

FAQs

How Much Does a Probate Lawyer Cost in Alabama?

The cost of a probate lawyer will vary depending on an array of factors. Details that impact the price you pay a lawyer include the circumstances concerning your case, the length of time your case may take, and whether or not it may need to go to court. A less complicated case may not cost as much as a case with more intricacies. It is important to discuss the cost of services at your first consultation with a probate lawyer.

Do You Need a Lawyer for Probate in Alabama?

You are not legally required to have a lawyer for probate in Alabama. However, having someone by your side who understands the legal complexities and the details of the process can be extremely helpful. Probate cases can frequently involve extenuating circumstances and details, which can be difficult to understand for someone who is new to the process. A lawyer in Killen, Alabama, who is familiar with handling such cases can walk you through the process more efficiently than you could probably do on your own.

How Long Does the Probate Process Take in Alabama?

The length of a probate case in Alabama will be different for each case, as each circumstance is unique. Some of the factors that can impact the length of a probate case include how large or small the estate is, the presence or absence of wills and/or trusts, whether or not there are any challenges to the wills and documents that exist, how many beneficiaries there are, and other factors which would all take time to sort out. In general terms, the more complex the case, the longer it can take.

How Much Does an Estate Have to Be Worth to Go to Probate in Alabama?

The threshold amount required for an estate to go to probate fluctuates year by year. The Alabama Small Estates Act was put into place in order to provide an outline that is followed when attempting to answer questions regarding small estates and probate. If the value of your estate is worth less than the amount that requires probate, there may be a simpler route you can take. Contacting an attorney early in the process can be helpful.

Contact Our Team of Probate Lawyers to Discuss Your Case

If you or someone you know is in need of assistance with probate, it can be helpful to have experienced legal counsel to guide you. There are many complexities involved in handling estates, both big and small. You can save yourself both time and money by having a skilled probate attorney help you.

The Law Office of Brad Phillips, LLC, has years of experience compassionately handling probate and estate cases for clients just like yourself. If you have questions, we can answer them. Reach out today to learn more about how we can help you prepare for probate and other legalities when settling an estate for a loved one.

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