Losing someone is hard enough without a court process attached to it. But when a Birmingham resident passes away owning property in their own name, that property cannot legally change hands until the Jefferson or Shelby County Probate Court has opened an estate and put someone in charge of it. Our Birmingham probate attorneys take that burden off the family. We prepare the filings, manage the deadlines, deal with creditors, and see the estate through to closing, and if a dispute over the will or the estate arises along the way, we are already positioned to handle it in court.
If you are reading this ahead of time and want to spare your own family from as much of this process as possible, our estate planning lawyers in Birmingham can help you put the right documents in place now.
What Is Probate, and How Does It Work in Birmingham?
Probate is the court-supervised process of settling a deceased person’s estate. The court validates the will, appoints a personal representative, oversees debts and taxes, and authorizes the distribution of remaining assets. Without a will, Alabama’s intestacy laws determine who inherits.
For Birmingham families, the correct probate court depends on where the decedent lived rather than the Birmingham address alone, since the city’s limits extend into both Jefferson and Shelby Counties. Most Birmingham residents fall under the Jefferson County Probate Court, which has two divisions: the Birmingham Division at the Jefferson County Courthouse downtown and the Bessemer Division serving western Jefferson County. Residents on the Shelby County side of the city instead file with the Shelby County Probate Court in Columbiana, which is not split into divisions.
Not every estate requires full probate. Alabama allows summary distribution for qualifying small estates, while assets such as jointly owned property, accounts with beneficiary designations, and properly funded trusts may pass outside probate. When full administration is required, a Birmingham probate attorney at Southern Estate Lawyers can manage it for you.
Why Birmingham Families Trust Southern Estate Lawyers With Probate
Jefferson and Shelby County estates can involve complications that require more than routine filings: a Birmingham family home that was never probated after an earlier death, rental properties across the county, a closely held business, or heirs scattered across the country.
We represent families throughout Birmingham, Homewood, Mountain Brook, Vestavia Hills, Hoover, Trussville, Irondale, Gardendale, and Bessemer, and handle probate matters in both divisions of Jefferson County Probate Court and in Shelby County Probate Court.
✓ Over 20 years serving Alabama families in probate and estate matters
✓ 110+ years of combined experience among our attorneys and paralegals
✓ 400+ five-star Google reviews from clients across Alabama
✓ Regular appearances in both the Birmingham and Bessemer Divisions of Jefferson County Probate Court and in Shelby County Probate Court
✓ Attorneys who have recovered more than $12 million for Alabama families in contested estate matters
✓ A single legal team from the first petition through the final settlement, with no handoffs
✓ Clear updates at every stage, so you always know what has been filed and what comes next
Because we also handle contested estate matters, your family can turn to the same legal team if a dispute arises during probate. Our estate litigation lawyers in Birmingham can represent you in will contests, inheritance disputes, and other estate conflicts in Jefferson and Shelby Counties.
How a Birmingham Probate Attorney Can Help Your Family
Serving as a personal representative is a legal job with legal consequences, and Alabama’s deadlines run whether or not you are ready for them. A probate lawyer in Birmingham at Southern Estate Lawyers can take on the entire administration:
- Preparing and filing the petition to open the estate in the correct division of Jefferson County Probate Court, or in Shelby County Probate Court
- Obtaining letters testamentary so you have legal authority to act
- Identifying, securing, and valuing estate assets, including real estate, business interests, vehicles, and accounts, and uncovering assets that were hidden or overlooked
- Preparing the inventory and every other document the court requires, and tracking each filing deadline
- Publishing notice to creditors, evaluating each claim, and rejecting those that are invalid or untimely
- Handling tax matters that arise during probate, including the decedent’s final return and any estate income tax filings
- Keeping heirs and beneficiaries informed so that silence does not turn into suspicion
- Distributing the remaining assets, preparing the final settlement, and closing the estate
The personal representative can be held personally liable for errors made along the way, such as paying a lower-priority creditor before a higher one, distributing property before the creditor period closes, or missing the inventory deadline. Having an attorney manage those decisions protects you from that exposure and keeps the estate on a schedule the court will accept.
Talk to a Probate Attorney at Southern Estate Lawyers
You should not have to learn probate procedure while grieving. Speak with an attorney near you during a free consultation, and we will explain what the estate needs, how long it should take, and what your responsibilities will be
The Probate Process in Birmingham, AL, Step by Step
Most full estate administrations in Alabama move through the same broad stages, though the timeline depends on the size of the estate, whether a valid will exists, and whether anyone objects along the way. For a fuller treatment of each stage, see our step-by-step guide to the Alabama probate process.
Filing the Petition to Open the Estate
The person named as executor in the will, or an eligible person if there is no will, petitions the Jefferson or Shelby County Probate Court to open the estate. We prepare and file that petition, submit the original will if one exists, and provide the notices Alabama law requires to heirs and interested parties.
Appointment of the Personal Representative
The court issues letters testamentary to an executor named in the will or letters of administration to an administrator when there is no will. Those letters are what banks, title companies, and other institutions require before they will deal with the estate. The personal representative is entitled to compensation for this work, and Alabama law sets the framework for how an executor’s fee is calculated.
Inventory and Notice to Creditors
Generally, within two months of appointment, the personal representative files an inventory of the estate’s assets. Notice to creditors must also be published within 30 days after the grant of letters. Creditors generally have six months from the grant of letters, subject to Alabama’s rules governing publication and actual notice, to present their claims. Our article on whether you are liable for a loved one’s debts explains what heirs are and are not responsible for during this stage.
Paying Debts and Resolving Disputes
Valid claims, funeral expenses, administrative costs, and taxes are paid from estate assets in the order Alabama law prescribes. This is also the stage where common estate disputes tend to surface: a challenge to the will, a fight over inherited real estate, or a petition to remove an executor who is not doing the job. Because we litigate these matters, we handle them within the same representation.
Distribution and Final Settlement
Once the creditor period has closed and all debts are paid, the remaining property is distributed to the beneficiaries or heirs. We prepare the final settlement, confirm that each distribution matches the will or the intestacy statutes, and obtain the court’s order closing the estate. In Jefferson and Shelby Counties, an uncontested estate typically closes in six to twelve months; contested or complex estates can take significantly longer.
Reviews From Alabama Families We’ve Represented
Every estate we administer represents a family trying to honor someone they lost. Read what clients in Birmingham and across Alabama have said about working with our probate attorneys.
Frequently Asked Questions
These are the questions Birmingham families ask us most often after a loved one has passed away. If yours is not covered here, a probate lawyer in Birmingham can answer it during a free consultation.
I live in Birmingham. How do I know if I file in Jefferson or Shelby County?
Birmingham’s city limits extend into both Jefferson and Shelby Counties, so your address alone does not determine which court has jurisdiction. Generally, probate is filed in the county where the decedent lived at the time of death. If you are unsure which side of the county line your loved one’s residence falls on, our attorneys can confirm this before anything is filed.
How long does probate take in Birmingham, Alabama?
A full estate administration generally takes at least six months because of Alabama’s creditor-claim period. In practice, an uncontested estate in the Birmingham or Bessemer Division, or in Shelby County, often takes six to twelve months.Real estate sales, business interests, missing heirs, or beneficiary disputes can extend the timeline to eighteen months or longer. Learn more about the Alabama probate timeline to see what tends to speed a case up or slow it down.
Can I handle probate in Birmingham without hiring a lawyer?
Alabama does not require a personal representative to have an attorney, and small estates that qualify for summary distribution are often handled without one. For a full administration, most families find the filings, deadlines, and creditor rules difficult to manage alone, and the personal representative bears personal liability for mistakes. Read more on whether you can do probate without a lawyer in Birmingham and across Alabama.
Can you avoid probate in Birmingham, Alabama?
Sometimes. A Birmingham estate may avoid full probate when assets pass by beneficiary designation, joint ownership with survivorship rights, or a properly funded trust. Certain smaller estates may also qualify for Alabama’s summary distribution procedure. If the estate includes a Jefferson or Shelby County home or other property owned solely by the deceased, however, probate may still be necessary to transfer it.
What happens if my loved one died without a will in Birmingham?
When someone dies without a will, the estate is administered under Alabama’s intestate succession statutes, which set out who inherits and in what shares. The court appoints an administrator rather than an executor, and the outcome can surprise many Birmingham families, particularly where there are stepchildren, an unmarried partner, or children from multiple relationships. That gap between what the law assumes and what a family actually wants is exactly why so many residents choose to put a will in place while they still can, rather than leave the outcome to a formula.
How do I get into my loved one’s safe deposit box?
A bank generally will not allow a family member to access a deceased person’s safe deposit box without proper legal authority, though Alabama law allows a limited examination beforehand to look for a will or burial instructions. If you are handling an estate in Birmingham, it helps to know the steps to access a safe deposit box during probate before you contact the bank.
How do I contest a will in Birmingham, Alabama?
A will contest in Alabama can be filed in probate court before the will is admitted, or within 180 days after admission. Both Jefferson County Probate Court and Shelby County Probate Court have equity jurisdiction, meaning the judges are licensed attorneys, so a will contest in either county is generally filed in probate court itself rather than circuit court. Common grounds include lack of testamentary capacity, undue influence, improper execution, and fraud. Because our Birmingham probate lawyers also litigate, we can defend the will or bring the challenge without the family having to retain separate counsel. Our will contest attorneys in Birmingham handle these matters in both Jefferson County and Shelby County Probate and Circuit Courts.
Start With a Free Case Evaluation
Whether you have just been named executor and do not know where to begin, or an estate has been sitting unresolved for months, a conversation with a probate attorney in Birmingham at Southern Estate Lawyers can bring some order to the process.
Visit our Birmingham office at 4505 Pine Tree Circle, Suite 121, Birmingham, AL 35243, or contact us to schedule your free consultation.