Muscle Shoals Probate Lawyer

Muscle Shoals Probate Attorney

Dealing with the probate process in Alabama can be a genuine hassle that you may not have had ample time to prepare for. An Alabama probate case takes time, and it can be especially difficult to handle on your own, particularly if you have not yet hired an experienced probate lawyer to assist you with the intricacies of the process. Ultimately, your goal is to make sure probate goes as smoothly and as quickly as possible, and a skilled Muscle Shoals probate lawyer from Brad Phillips Law can provide you with everything you need.

What Is Probate in Alabama?

Probate is the court-ordered legal process of distributing the assets and estate of a recently deceased person. Probate is often a necessity when it comes to determining how to divide a substantial estate. The entire process is intended to ease the transfer of assets and property, allowing for every beneficiary named in the will to receive their assets properly. Any creditors who may be owed by the estate are paid as well.

Probate court ensures that debts and taxes are properly paid out before what’s left of the assets is then distributed to the heirs according to the specifications of the last will and testament. If there is no will, that means the deceased has passed intestate, and assets will be distributed as per Alabama state law and at the court’s discretion. It’s also vitally important that you file for probate within five years of the deceased’s passing. Otherwise, the will may no longer be considered viable.

The Probate Process in Alabama

The probate process begins in Alabama when someone is named in the will as a personal representative who can oversee the deceased’s estate. If someone is not named in the will, the probate court will appoint a representative to manage the estate. This representative will oversee the process of distributing the estate to the designed heirs and ensuring that creditors are paid off first. The representative may be anyone with a financial interest in the estate.

From there, the process can get considerably complicated and difficult to endure, depending on how close you may have been to the deceased. It’s not unreasonable to want additional legal help throughout this process. Hiring an experienced probate lawyer can help provide you with peace of mind that everything is being handled the right way. Here are some of the steps you must follow to make sure things go smoothly:

• File a petition with the probate court. The first thing you need to do to initiate probate is to contact the court by filing a probate petition. This petition must be filed in the deceased’s county of residence in order to be considered valid. When the petition is filed, the court will take note and begin the process of probate.
• Appointing a representative. If the will has not already designated someone to oversee probate and manage the estate, the court will appoint someone of their choosing. This generally occurs when there is no will to use as a template for asset distribution.
• Notifying creditors and heirs. When the representative is appointed, it will be their job to inform any creditors that probate has begun. The representative will do this by publishing a notice in the local newspaper once a week for three weeks. They will also inform the heirs named in the will that the estate is being distributed.
• Appraisal of assets. Once creditors and heirs are notified, the representative must file an inventory of all the deceased’s assets and debts. The entire estate being managed through probate must be valued. This inventory will include the appraisal of all personal and real property that the deceased owned at the time of their death.
• Paying back creditors. Once the estate and the assets therein have been appraised, it is time to pay back all the debt the deceased owed to any creditors. This may include funeral expenses and additional administration costs. Then, the estate must also be used to pay any outstanding taxes owed by the estate.
• Distribute the rest of the assets. Once debts and taxes have been paid, the rest of the assets are to be distributed in accordance with the will. If the decedent did not write a will, the estate will be distributed in accordance with Alabama’s intestate laws. Once that is complete, the estate will be closed, and probate will end.

FAQs

Do I Need a Lawyer to Probate a Will in Alabama?

While you technically are not required to hire a lawyer to assist with probating a will in Muscle Shoals, Alabama, it is recommended that you do so anyway. Probate court can get complex, and it involves many different important steps. If you’re unfamiliar with the process, it can be incredibly difficult, overwhelming, and stressful. A good lawyer can help you make sure you don’t miss anything.

What Is the Difference Between an Estate Lawyer and a Probate Lawyer?

The primary difference between an estate lawyer and a probate lawyer is who they represent. An estate lawyer works with individuals seeking to make an estate plan that benefits their loved ones when they pass away. A probate lawyer assists the executor of an estate with navigating the probate court process.

What Type of Lawyer Is Ideal for Wills?

If you are looking for help creating a will, you’ll want to hire an estate planning lawyer. They can walk you through the process of drafting a will, creating a trust, establishing power of attorney, and anything else that you want included in your estate plan. They might even be able to help your plan avoid probate court.

Are Probate Judges Lawyers?

Yes, many probate judges are lawyers. In order to become a probate judge, they have to pass the state bar exam, get their license to practice law, and have years of experience as an attorney. They will need a significant amount of relevant experience, particularly in probate law. In Alabama, however, probate judges are not required to be lawyers since they are elected.

Contact an Experienced Muscle Shoals Probate Lawyer

At The Law Office of Brad Phillips, LLC, we can help you work through probate. Contact us to speak to someone about your case.