Settling a loved one’s estate can leave you with more questions than answers. Where do you start? What happens to their property? Who is responsible for paying outstanding debts? A probate lawyer in Alabama can help you understand your responsibilities, meet court requirements, and settle your loved one’s estate properly.
When you choose Southern Estate Lawyers, you gain a legal team with 110+ years of combined legal experience. From routine probate to contested estates, we know Alabama’s probate and circuit courts and are ready to protect your interests across the state. We can represent families in probate matters in all 67 Alabama counties, with frequent work in the Jefferson County Probate Court, including its Birmingham and Bessemer divisions, as well as the Shelby County, Mobile County, and Baldwin County probate courts.
What Is Probate in Alabama, and When Is It Required?
Probate is the legal process of settling someone’s affairs after they pass away. This means figuring out what they owned, paying outstanding debts, and making sure their property goes to the right people. If your loved one left a will, the court appoints someone to carry out its instructions. If there is no will, Alabama’s intestate succession laws determine which family members inherit and how the estate is divided, while the court appoints an administrator to handle the process.
Probate is generally handled by the probate court in the county where the person lived. For example, if your loved one lived in Birmingham, their estate would typically go through Jefferson County Probate Court. If they lived in Mobile, it would usually be Mobile County Probate Court.
Not every estate requires full probate. Living trusts, beneficiary designations, and certain joint ownership arrangements can allow assets to pass directly to loved ones. Alabama also offers a simplified small estate procedure, found in the Code of Alabama 1975 beginning at Section 43-2-690, for qualifying estates made up only of personal property. This is why so many families turn to our estate planning lawyers in Alabama to plan ahead and reduce the need for probate.
Why Alabama Families Trust Southern Estate Lawyers With Probate
Being named executor or administrator of an estate is a big responsibility, and most people have never done it before. You have court requirements to meet, financial decisions to make, and family members looking to you for answers. At Southern Estate Lawyers, we’ve helped more than 2,000 Alabama families handle estate and probate matters, and we know what it takes to get things done properly in Alabama’s probate courts.
✓ 110+ years of combined legal experience among our attorneys and paralegals.
✓ 400+ five-star Google reviews from clients across Alabama.
✓ Over $12 million recovered in contested estate and trust matters.
✓ Probate administration and estate litigation experience, whether you’re settling an uncontested estate or facing a dispute.
✓ Local offices in Birmingham, Mobile, and Foley, serving families throughout Alabama.
✓ Direct access to your attorney, with clear answers and regular updates about your case.
You deserve to know what’s happening with your loved one’s estate, what comes next, and what decisions need your attention. We keep you informed, answer your questions, and help you fulfill your responsibilities without unnecessary confusion. And if disagreements turn into legal battles, our estate litigation lawyers in Alabama can step in to protect your interests in court.
How an Alabama Probate Lawyer Can Help You Settle an Estate
What most people don’t realize about probate is that settling an estate involves a lot more than following the instructions in a will. There are court deadlines, debts to sort out, assets to account for, and legal responsibilities that can fall directly on you as executor or administrator.
Most people have never had to deal with any of this before. Our probate lawyers in Alabama handle these matters every day and can help you meet your legal responsibilities while avoiding unnecessary complications.
✓ Determine who can administer the estate: Identify the appropriate executor or administrator and help obtain the legal authority to act on behalf of the estate.
✓ Open the probate case: Prepare and file the necessary paperwork with the appropriate Alabama probate court.
✓ Locate and protect estate assets: Help identify bank accounts, real estate, vehicles, and other property that must be accounted for.
✓ Handle creditor claims: Address required notices, review claims against the estate, and help you avoid paying debts that may not be legally enforceable.
✓ Meet Alabama probate deadlines: Track court filings, creditor claim periods, and other legal requirements that apply to your case.
✓ Address inheritance questions: Determine how property should be distributed under the will or Alabama’s intestate succession laws.
✓ Complete the estate administration: Help prepare the necessary accountings, distribute assets when legally appropriate, and complete the court proceedings.
Probate has strict deadlines and unforgiving paperwork, and a single misstep can stall an estate for months. A probate attorney can keep your case organized, your filings on time, and represent you if the estate becomes contested. An important part of our job is also to spot potential disagreements over inheritances, property, or the handling of the estate early and help avoid them before they turn into costly legal disputes.
A Probate Attorney in Alabama Is Ready to Help
Have questions about a will, probate deadlines, or your responsibilities as an executor? Our attorneys can help you understand what needs to be done and take care of the legal work. We serve families across Alabama from our offices in Birmingham, Mobile, and Foley, and your first consultation is free.
The Alabama Probate Process, Step by Step
How does the probate process work in Alabama? The answer depends on what your loved one owned, whether they left a will, and whether any disputes arise. Although every estate is different, most Alabama probate cases involve the following steps.
Step 1: Filing a Petition With the Probate Court
The process usually begins by filing a petition in the probate court of the county where your loved one lived. If they left a will, it must be submitted for probate. Under the Code of Alabama 1975, Section 43-8-161, a will generally must be filed for probate within five years of death to be effective. That doesn’t mean you should wait five years to get started, especially when bills, property, and other responsibilities need attention.
Step 2: Appointing an Executor or Administrator
The court appoints someone to manage the estate, known as the personal representative. If there’s a will, this is usually the person named as executor. Without one, Alabama law establishes who has priority to serve as administrator. Once appointed, that person receives legal documents called letters testamentary or letters of administration, giving them authority to act on behalf of the estate. Banks and other institutions will ask to see these letters as proof of that authority.
Step 3: Identifying Estate Assets and Notifying Creditors
The personal representative must identify the estate’s property, determine its value, and notify creditors. Under the Code of Alabama 1975, Section 43-2-350, creditors generally have six months after the court issues letters, or five months after the first published notice, whichever is later, to file claims. Additional notice rules apply to certain creditors. During this period, the estate’s assets must be properly accounted for and protected.
Step 4: Paying Debts and Resolving Estate Issues
Before distributing inheritances, the personal representative must address valid debts, administration expenses, and applicable taxes. If the estate cannot pay everything it owes, Section 43-8-76 of the Code of Alabama 1975 sets the order in which debts are paid. Questions about property ownership, unpaid debts, or disagreements between heirs may also need to be resolved before the estate can be settled.
Step 5: Distributing the Inheritance and Closing the Estate
Once the estate’s obligations have been addressed, the remaining assets can be distributed according to the will or Alabama’s intestate succession laws. Under the Code of Alabama 1975, Section 43-2-501, a final settlement may generally take place after six months from the appointment of the personal representative, provided the estate is ready. Complicated assets, unresolved claims, or family disputes can extend that timeline considerably.
Hear It From Our Clients in Alabama
Families across Alabama come to us for help with estate planning, wills and trusts, and probate matters, and their experiences speak for themselves. See why clients trust Southern Estate Lawyers to protect what matters most.
Frequently Asked Questions
Here are some of the questions we hear most often from families across the state. If you can’t find what you’re looking for, contact us, and a lawyer will answer your questions directly.
How can I avoid probate in Alabama?
You can avoid probate for certain assets through a properly funded living trust, beneficiary designations on bank accounts, retirement accounts, and life insurance policies, or joint ownership with a right of survivorship. However, a will does not avoid probate, and a living trust only covers property you’ve actually transferred into it.
How much does probate cost in Alabama?
Probate costs vary by county and the complexity of the estate. For example, filing to probate a will costs $175 in Jefferson County and starts at $111 in Montgomery County. You’ll also need to account for creditor notices, recording fees, and potentially property appraisals and attorney fees. Under the Code of Alabama 1975, Section 43-2-848, executors and administrators may also receive compensation, subject to statutory limits. A probate attorney can help you estimate the costs for your loved one’s estate during a free consultation.
What legal documents are required for probate in Alabama?
You’ll generally need the original will, if there is one, a death certificate, and a petition filed with the appropriate Alabama probate court. You’ll also need details about your loved one’s assets, debts, and heirs, with additional paperwork required as the case progresses. Our guide to what legal documents are required for probate explains what to gather before getting started.
Can a will be contested during probate in Alabama?
Yes. For wills filed for probate on or after January 1, 2023, an interested person can contest the will in the probate court before it is admitted or within 180 days after admission. Depending on the county, the contest may stay in probate court or be moved to circuit court. If a dispute arises, our estate litigation lawyers can step in without your family needing a second firm.
Do all Alabama estates have to go through probate?
No. Whether probate is necessary depends on what your loved one owned and how those assets were held. For example, life insurance with a named beneficiary, property held in a living trust, or a home owned jointly with a right of survivorship may pass without probate. However, a house titled solely in the deceased person’s name may require court proceedings to transfer ownership. Our Alabama probate lawyers can review the estate and help you determine whether probate is needed.
How much does it cost to hire a probate lawyer in Alabama?
Your first consultation at Southern Estate Lawyers is free. We’ll review your loved one’s estate, explain what needs to be done, and discuss our fees upfront so you know what to expect. Costs depend on your situation, and under Alabama law, reasonable attorney fees may be paid from the estate, subject to applicable court approval, rather than out of your own pocket.
Start With a Free Case Evaluation
Not sure whether an estate even needs probate, or where to begin? A short conversation with our probate attorneys in Alabama can spare your family months of confusion.
To schedule a free consultation, call us, reach out through our contact page, or visit one of our offices in Mobile, Foley, or Birmingham.