Estate planning in Birmingham often involves more than deciding who inherits a home or other assets. Families may need to update an old deed, protect retirement accounts, plan for a family business, or resolve disputes over an estate after a loved one dies.
Our Birmingham estate attorneys at Southern Estate Lawyers help families with estate planning, probate administration, and estate litigation. From our local office, we serve clients throughout Jefferson and Shelby Counties with guidance tailored to their assets, family circumstances, and long-term goals. Whether you are creating an estate plan, administering an estate, or facing a dispute over a will, trust, or inheritance, we can help you understand your options and take the next step.
Why Birmingham Families Choose Southern Estate Lawyers
Jefferson County is Alabama’s most populous county, and its Probate Court runs on its own rhythm, with judges holding dockets nearly every day of the week at both the Birmingham courthouse downtown and a separate Bessemer courthouse serving the western part of the county. Shelby County’s Probate Court, based in Columbiana, follows its own filing procedures and local rules. Knowing which division your matter belongs in, how each one handles filings, and what local court procedures apply is not something you learn from a statute book.
Our attorneys have spent more than 20 years learning it in person, and families throughout Jefferson County, including Birmingham, Homewood, Mountain Brook, Vestavia Hills, Hoover, Trussville, Irondale, and Bessemer, along with Shelby County families in Alabaster, Pelham, and Helena, rely on that knowledge when the stakes are their home, their savings, and their family’s peace.
400+ Five-Star Reviews From Alabama Families
More than 2,000 Alabama families have trusted us with their most sensitive estate planning matters, and many more have called on us to settle a loved one’s affairs. Along the way, our clients have left over 400 five-star Google reviews describing what it is like to have an estate lawyer who explains things clearly and returns their calls. Birmingham clients receive the same standard of care that built that reputation across the state.
110+ Years of Combined Experience Among Our Attorneys and Paralegals
Our estate attorneys and paralegals bring over 110 years of combined experience to the estate matters we handle in Jefferson and Shelby Counties’ Probate and Circuit Courts. That depth on the team means our clients are never waiting on a single person to move their file. It also means we have seen, many times over, the small errors that turn a routine probate or a simple will into a courtroom fight, and we plan around them before they happen.
Estate Planning and Litigation Under One Roof
Our firm has recovered more than $12 million for Alabama families in contested estate and trust matters, including a $3 million estate dispute settlement. That courtroom experience informs how we prepare estate plans for Birmingham families, with an eye toward the issues that can put those documents under challenge.
How a Birmingham Estate Lawyer Can Help Your Family
Where you are right now shapes the kind of legal help you need. Some families come to us years ahead of any problem, wanting to put a plan in place. Others come after a funeral with a stack of paperwork and no idea what to do with it. And some are already dealing with a dispute over an estate, will, or trust. Southern Estate Lawyers helps Birmingham families through each stage.
Estate Planning
A will, a trust, a durable power of attorney, and an advance healthcare directive can form the foundation of an estate plan, and each one closes a different gap. In a city with a major medical center at its core, the healthcare directive alone can spare a family weeks of uncertainty at a hospital bedside.
Our estate planning lawyers in Birmingham begin by learning what you own, who depends on you, and what you would want to happen if you could no longer speak for yourself. From there, we recommend only the documents your situation actually requires. If you already have an estate plan, our attorneys can review your existing documents. Where gaps exist, we can update your estate plan so it holds up when your family needs it.
Probate Administration
When someone dies owning property in their own name that does not pass outside probate, the estate generally must be opened with the probate court in the county where they were last resident of, such as the Jefferson County Probate Court or the Shelby County Probate Court, before that property can be distributed to the people entitled to receive it. Our probate attorneys in Birmingham handle that process from beginning to end: preparing the petition, obtaining letters testamentary or letters of administration, notifying creditors, preparing the inventory, and closing the estate once the estate’s valid debts and obligations have been addressed.
Our guides on how to probate a will in Alabama and how long probate takes lay out each stage in order.
Intestate Succession
A home or other property may be passed from one generation to the next without a will or probate case ever being completed. Years later, when a family member wants to sell or refinance the property, they may discover that the title is still in a deceased relative’s name. Alabama’s intestacy laws determine who inherits when someone dies without a valid will, and the result can be particularly complicated for blended families or when someone dies without a legal spouse.
Our intestate succession attorneys in Birmingham can help identify the heirs entitled to inherit under Alabama law, open and administer the estate, and address title issues that may stand in the way of distributing or selling property.
Estate Litigation
Some disagreements cannot be settled around a kitchen table. A sibling suspects a will was signed under pressure. A trustee has stopped answering questions about where the money went. An executor has allowed an estate to remain unresolved while continuing to live in the deceased person’s home.
These are the kinds of matters our estate litigation lawyers in Birmingham handle in Jefferson and Shelby Counties’ Probate and Circuit Courts. We represent heirs, beneficiaries, executors, trustees, and other parties in disputes involving wills, trusts, and estates, including will contests, petitions to remove an executor or remove a trustee, claims for breach of fiduciary duty, and disputes over inherited real estate.
Talk to a Birmingham Estate Attorney Before the Problem Grows
Whether you are drafting your first will, opening a parent’s estate, or already staring down a dispute with a relative, waiting rarely makes things simpler. Sit down with an estate lawyer in Birmingham at Southern Estate Lawyers for a free consultation, and we will tell you plainly what your situation calls for and what it will take to get there.
What Alabama Families Say About Working With Us
Our clients value clear guidance, responsive communication, and attorneys who treat their family’s future with the care it deserves. Read what they shared about working with Southern Estate Lawyers.
Frequently Asked Questions
These are the questions Birmingham families ask us most often when they first reach out. If you do not see yours here, an estate lawyer in Birmingham, AL, is a phone call away.
Do I need a lawyer for probate in Birmingham, Alabama?
Alabama does not require a personal representative to hire an attorney, and some very small or uncontested estates can be settled without one. That said, a personal representative can face personal liability for certain mistakes, including improperly paying creditors or distributing property before required claims periods have closed. We walk through the trade-offs in our article on whether you can do probate without a lawyer, and a free consultation with our Birmingham team is the quickest way to find out whether your estate is one of the simple ones.
How much does it cost to hire an estate lawyer in Birmingham?
It depends on what you need the lawyer to do. A will-based estate plan with powers of attorney and a healthcare directive often falls in the $800 to $1,500 range, while a plan built around a trust typically runs $2,500 to $5,000 or more, and what you pay a lawyer scales with how much drafting and coordination the plan requires. Probate and litigation matters are harder to quote at a flat rate up front, since the cost depends on the size of the estate and whether anyone contests it. We go over the specifics that apply to your situation during a free consultation, before you commit to anything.
What’s the difference between a will and a trust, and do I need both?
A will takes effect after you die and directs how probate assets are distributed. A revocable living trust holds title to assets during your lifetime and, once properly funded, can pass them to beneficiaries without a Jefferson or Shelby County probate proceeding. A trust tends to make sense in Birmingham when a family owns property in more than one county or wants to avoid the public probate process. Many clients use both: a trust for the assets they want to keep out of court, and a pour-over will to catch anything left out. Learn more about the cost of a living trust versus a will in Alabama.
How can I avoid probate for my Birmingham estate?
If you own a Birmingham home, have retirement or investment accounts, or want certain assets to pass directly to your beneficiaries, you may be able to keep some property out of probate. Joint ownership, beneficiary designations, and properly funded trusts can each serve a different purpose. The right approach depends on how your assets are titled and what you want to happen after your death. Learn more about ways to avoid probate in Alabama.
How long do I have to contest a will in Birmingham?
The deadline to contest a will depends on the circumstances and where the will is in the probate process. Alabama law imposes specific time limits for will contests, so waiting can affect your rights. If you believe a will was created through undue influence, fraud, lack of testamentary capacity, or another legally recognized basis for a challenge, speak with an attorney promptly.
What can I do if a trustee is not providing an accounting in Birmingham?
If a trustee managing a Birmingham family’s trust refuses to provide required information or an accounting, a beneficiary may be able to ask the court to intervene. Depending on the circumstances, the court may order an accounting, remove the trustee, or award other relief for losses caused by misconduct. Learn more about a trustee’s duties under Alabama law and what happens when a trustee steals.
Start With a Free Case Evaluation
The most expensive estate problems are usually the ones that were put off. A short conversation with an estate lawyer in Birmingham at Southern Estate Lawyers can tell you whether you need a plan, a probate filing, or a lawyer in court, and what each would involve.
Visit our office at 4505 Pine Tree Circle, Suite 121, Birmingham, AL 35243, or contact us today to schedule your free consultation.