Experienced Guidance Throughout The Probate Process
After someone passes away in Alabama, their estate must go through probate before beneficiaries can obtain the assets. The probate process involves numerous steps that can quickly become overwhelming and confusing, especially if you are grieving the loss of a loved one.
At Higey Law LLC, attorney Todd Higey can provide valuable guidance and support throughout every step of the probate process. As an experienced counselor and advocate, he can help clients through the process with skill and compassion. You can trust his knowledge and experience to support you through this difficult time.
Streamlining The Probate Process
If this is your first time acting as an executor of an estate, the probate process can be confusing and overwhelming. Working with an experienced probate attorney allows you to share the burden with a professional, streamline the process and give yourself room to grieve.
Todd can assist you with every step of the probate process, including:
- Filing the Petition to Probate
- Identifying and collecting assets
- Paying debts and taxes
- Distributing assets
If someone passes away without a will, the probate process can be even more difficult. In these cases, Alabama law will decide which beneficiaries receive certain assets. However, even when there’s a sound will and estate plan in place, Alabama still requires the will to go through probate to ensure that it is legal and valid before distributing the assets.
Frequently Asked Questions About Probate In Alabama
Probate laws in Alabama are complex and such matters are taken seriously in this state. Below, we have answered some commonly asked questions to provide clarity.
How long does probate take in Alabama?
The duration varies based on the complexity of the estate. The process can take six months to a year in Alabama. However, it may extend beyond a year if the estate involves disputes, extensive debts or multiple heirs. Alabama law requires a waiting period of six months for creditors to file claims, which can affect the timeline.
Do all assets have to go through probate in Alabama?
No, assets that are jointly owned with rights of survivorship or assets with designated beneficiaries, such as life insurance policies, retirement accounts or payable-on-death (POD) accounts, bypass probate. Additionally, small estates valued under $30,000 may also qualify for a simplified probate process under Alabama law.
Are probate records public in Alabama?
Yes, probate records are considered public information in Alabama. Once an estate is filed with the probate court, the records, including the will, inventory of assets and creditor claims, become accessible to the public. However, there may be options to maintain some privacy by utilizing trusts or other estate planning tools before death.
What happens if someone dies without a will?
If a person dies without a will, their estate is distributed according to Alabama’s intestacy laws. This means the assets are divided among surviving relatives based on a predetermined legal hierarchy.
For instance, suppose there is a surviving spouse and children. In that case, the estate is divided between them. The specific distribution depends on the family structure at the time of death.
How much does probate cost in Alabama?
The costs of probate in Alabama can include court fees, attorney fees, executor fees and other administrative expenses. While costs vary, they generally range from 3% to 5% of the total estate’s value. Proper estate planning, such as establishing a trust, may help reduce or eliminate some probate costs.
Compassionate Representation To Help You Through This Difficult Time
Whether you need help distributing assets, representation in probate court or assistance with an estate dispute, you can rely on Todd & the firm to provide compassionate and strategic legal counsel throughout the probate process. If you recently suffered the loss of a loved one, contact Higey Law LLC to get started with the probate process. Call today at 205-623-4774 or complete the online contact form to get in touch.