Sheffield Probate Lawyer

Sheffield Probate Attorney

If you are anticipating handling a loved one’s estate, be sure to consult with an experienced Sheffield probate lawyer to simplify the process. The Law Office of Brad Phillips, LLC, has efficiently assisted countless clients over the years. We’re prepared to provide you with the customized support and guidance needed to settle your particular case.

Why You Should Begin Estate Planning

In 2025, an American survey found that less than 25 percent of respondents had a will. This is a notable decline from the number of respondents who had a will in the 2022 survey, which was 33 percent. The majority of individuals who updated their wills did so within the last five years. Estate planning is an important process where you can outline how you wish for your assets to be distributed to your loved ones after your death.

One of the most important estate planning documents is a person’s will. By creating a will, you can feel assured that your hard-earned assets and property are handled according to your wishes in the event of sudden incapacitation or upon death. Estate planning also gives you peace of mind that your family will be taken care of by leaving outlined instructions to your loved ones. This helps to avoid potential legal disputes and costly litigation between the beneficiaries of an estate.

Since estate administration and probate matters are generally handled within the county where the decedent resided or where their property is located, estate cases in Sheffield will most likely be handled at the Colbert County Probate Court. This courthouse is located at 201 North Main Street in Tuscumbia, AL 35674, a few miles southeast of Sheffield.

Understanding Probate and Estate Administration

A person’s estate includes all of their personal property, bank accounts, stocks, real estate, and other assets. For most cases in Alabama, probate is a necessary court process wherein a decedent’s will is validated, their estate evaluated, and the assets within the estate are distributed to beneficiaries according to the deceased’s will if there is one. During probate, all debts and other financial obligations of the estate must also be settled.

In general, a person’s will must be filed with the courts to initiate the probate process within a few years of their death. If a person’s will isn’t probated in a timely manner, certain repercussions can follow, such as beneficiaries not receiving their inheritance, debts not being settled, and overall complicating the legal process. There are certain ways to streamline the probate process or even largely avoid it.

If a person’s estate is small enough, it may qualify for a simplified probate process known as summary distribution. Other ways to avoid assets going through probate are by establishing a trust or designating beneficiaries for jointly owned properties.

How Does a Probate Lawyer Help Me in Alabama?

Estate law can be a complex legal area. In Sheffield, Understanding the numerous aspects of wills and the probate process can be difficult for many people, especially since most individuals aren’t familiar with or have a deep understanding of the various related laws. This is why it’s beneficial to work with a qualified probate lawyer who can guide you throughout the process.

Your probate attorney is there to handle any paperwork related to your case, sorting through various important documents and involving you when necessary. They can file paperwork with the appropriate departments and keep you updated on any developments, saving you time and effort. By identifying potential paperwork mistakes, errors that can prolong probate are avoided, saving on costs and streamlining the proceedings.

FAQs

How Long Does Probate Take to Complete in AL?

It can be difficult to estimate how long the process of probate may take to complete in Alabama. In general, probate must be initiated within five years of the decedent’s death. There are various factors that can influence how long probate proceedings take, such as the size and complexity of the estate, whether anyone contests the will, or if there are administration disputes, among others. Probate may take anywhere from several months to a couple of years to finish.

What Assets Are Excluded During Probate in AL?

In the state of Alabama, many of the assets within a person’s estate are subject to probate, but some properties are generally excluded from the process. For example, funds or other assets placed within a trust usually avoid probate unless there are legal disputes regarding the trust’s validity.
Assets that are jointly owned between the decedent and a surviving beneficiary also typically avoid probate. This is because ownership of the property automatically transfers to the designated living beneficiary, forgoing probate.

What Is the Process of Summary Distribution in AL?

Under Alabama law, the process of summary distribution is a form of simplified probate that certain estates may qualify for. Most wills are required to go through probate in order to identify assets and distribute them accordingly to the beneficiaries of the estate.
Probate can sometimes be costly and time-consuming. However, some estates may qualify for simplified probate if the sum of the decedent’s property is below a certain amount. Consult with a probate attorney about whether an estate qualifies.

What Will Happen If You Don’t Probate a Will in AL?

In the state of Alabama, if a will isn’t filed and subjected to probate, multiple repercussions can follow. By not probating a will, the majority of the decedent’s assets are not accessible. This means property cannot be transferred, and assets are not distributed to the appropriate beneficiaries.
Additionally, the debts and financial obligations of the estate cannot be settled since creditors cannot be paid. Ultimately, this can prolong and complicate the estate administration process, so it is important to begin probate early on.

Probate Law Professionals for Your Case

Our legal team at The Law Office of Brad Phillips, LLC, is dedicated to providing quality counsel and representation to each of our clients. Contact us today to set up an initial meeting with a skilled probate lawyer.