After losing someone you love, dealing with the legal and financial details of an estate can add another burden. In Alabama, property titled solely in a deceased person’s name may remain inaccessible until the Mobile County Probate Court appoints someone with authority to act for the estate. That appointment, and everything that follows, is probate.
Our Mobile probate attorneys handle it for your family: drafting the petition, meeting the statutory deadlines, sorting out creditor claims, and moving the estate to a final settlement. When heirs disagree or a will is questioned, the same attorneys represent you in the courtroom.
Planning ahead instead? Our estate planning lawyers in Mobile can help you structure your affairs.
What Is Probate, and How Does It Work in Mobile?
In plain terms, probate is how the court transfers a deceased person’s property to the people legally entitled to it. The judge confirms whether a will is valid, appoints a personal representative to act for the estate, makes sure legitimate debts and taxes get paid, and signs off on the final distribution. If there was never a will, the shares are fixed by Alabama’s intestacy laws instead.
Mobile County residents file with the Mobile County Probate Court at Government Plaza on Government Street downtown. Because the county runs one probate court rather than separate divisions, the filing location is the same whether the decedent lived in Spring Hill, Saraland, Theodore, or Bayou La Batre.
Some assets and smaller estates can avoid the full probate process. Alabama permits summary distribution for qualifying small estates, while jointly owned property, accounts with beneficiary designations, and properly funded trusts may pass outside probate. If formal administration is needed, a probate lawyer in Mobile at Southern Estate Lawyers can help your family from the initial filing through closing.
Why Mobile Families Trust Southern Estate Lawyers With Probate
Estates in Mobile can span generations and jurisdictions. A family home may still be titled in a deceased relative’s name, while heirs live across state lines and the estate includes real property, businesses, boats, or retirement assets. Property and beneficiaries in multiple jurisdictions can add another layer to the probate process.
Southern Estate Lawyers serves families throughout Mobile and nearby Mobile County communities, including Spring Hill, Midtown, West Mobile, Tillman’s Corner, Theodore, Prichard, Chickasaw, Saraland, Satsuma, Semmes, Grand Bay, and Bayou La Batre. Our attorneys appear regularly in Mobile County Probate and Circuit Courts, and Eastern Shore families can also work with us through our Foley office.
✓ 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 before the Mobile County Probate Court and the Mobile County Circuit Court
✓ Attorneys who have recovered more than $12 million for Alabama families in contested estate matters
✓ One team handles your estate from petition to closing, so nothing is lost in a handoff
✓ Home and hospital visits across the Mobile area when travel is difficult for you
✓ Regular status updates so you know what has been filed and what is due next
Estate administration and estate litigation are handled by the same team. If a will contest, accounting dispute, or conflict among heirs arises, your family does not have to start over with another firm. Our estate litigation attorneys in Mobile already know your estate and can take the dispute into court when necessary.
How Can a Probate Attorney in Mobile Help Your Family?
Being named executor or administrator carries real legal duties, and the statutory clock does not pause for grief. A personal representative who gets the order of payment wrong, distributes assets before the creditor window closes, or misses the inventory deadline can be held personally responsible for the resulting losses.
When a probate attorney manages those decisions, that risk shifts off your shoulders and the estate stays on a schedule the court will approve.
- Establish your legal authority. We prepare the required probate filings and help obtain letters testamentary or letters of administration, giving the personal representative authority to act for the estate.
- Protect estate property. We help secure vacant homes and other property, maintain appropriate insurance, redirect mail, and document the condition of real estate, vehicles, boats, and other valuable assets.
- Find and value estate assets. From a shrimp boat in Bayou La Batre to a closely held business or overlooked financial account, we identify and value assets and help uncover assets that were concealed or forgotten.
- Handle creditor claims. We review claims against the estate, determine whether they are valid and timely, and address disputes or negotiations when appropriate.
- Address estate and income tax matters. We coordinate with tax professionals regarding the decedent’s final income tax return, fiduciary tax filings when required, and property tax matters involving Mobile County real estate.
- Clear title to estate property. We handle the probate documents needed to transfer or sell real estate and other property and coordinate with the appropriate professionals when a property is sold.
- Handle out-of-state heirs and property. We coordinate with beneficiaries who live outside Alabama and address ancillary probate when estate property in another state requires a separate proceeding.
- Keep the estate on track. We monitor court deadlines, required notices, inventories, accountings, and other probate requirements and keep the personal representative informed throughout the process.
- Handle probate disputes. If a dispute arises, our probate attorneys can pursue or defend proceedings involving accountings, personal representatives, beneficiary disputes, and will contests.
Not every estate requires all of these steps. Your family may need only a few, or the estate may become more complicated as assets or disputes come to light. A probate attorney in Mobile can identify what applies to your situation and handle the legal work from the initial petition through final distribution.
Talk to a Probate Attorney at Southern Estate Lawyers
Settling an estate after a loss is hard enough without figuring out Alabama probate on your own. In a free consultation, we can explain what your Mobile estate requires, what you are responsible for, and what a probate lawyer at our firm can handle for you.
The Probate Process in Mobile, Step by Step
Probating an estate in Mobile County means more than filing a will with the court. The personal representative must establish authority to act, identify and protect the estate’s property, address creditor claims, and ultimately account for and distribute what remains. The Mobile County Probate Court oversees that process. For a broader explanation, see our step-by-step guide to the Alabama probate process.
Filing the Petition to Open the Estate
The process begins with a petition to the Mobile County Probate Court. If there is a will, the named executor generally seeks appointment as personal representative. If there is no will, an eligible person can petition to administer the estate. The court then issues letters establishing the personal representative’s authority to act for the estate.
Appointment of the Personal Representative
Once appointed, the personal representative must take control of estate property and determine what the decedent owned and owed. That can involve everything from a home in Mobile or vehicle to waterfront property, business interests, retirement accounts, or a commercial fishing vessel. An inventory and supporting records help establish what belongs to the estate and what may pass outside probate.
Inventory and Notice to Creditors
Alabama law provides a formal period for creditors to present claims against an estate. The personal representative must also address valid debts, administration expenses, taxes, and other obligations before distributing estate property. Our guide on whether you are liable for a loved one’s debts explains why those debts generally remain the estate’s responsibility rather than becoming the heirs’ personal obligations.
Paying Debts and Resolving Disputes
Probate can become more complicated when beneficiaries disagree, someone challenges the will, an heir questions an accounting, or the personal representative’s actions are disputed. These issues may require court proceedings rather than routine estate administration. Our attorneys handle both common estate disputes and inherited real estate disputes as part of the probate process.
Distribution and Final Settlement
After the applicable creditor period has passed and the estate’s obligations have been addressed, the personal representative can seek final settlement. The remaining assets are distributed according to the will or Alabama’s intestacy laws, and the court enters the appropriate order to conclude the administration.
Reviews From Clients Across Alabama
Years later, clients may remember the lawyer who listened, stood up for them, and made them feel they were not facing the process alone. These are the words of families in Mobile and across Alabama about having our probate team on their side.
Frequently Asked Questions
The questions below are the ones Mobile families raise most often when they first call us after a death. Anything not covered here can be answered by a probate lawyer in Mobile during your free consultation.
How long does probate take in Mobile, Alabama?
Six months is the practical minimum for a full administration, because that is how long Alabama gives creditors to file claims. Uncontested Mobile County estates typically close somewhere between six and twelve months. Selling real estate, dealing with a business interest, locating a missing heir, repairing storm damage, or fighting over the will can push that to eighteen months or beyond. Our Alabama probate timeline guide lays out what shortens or lengthens the process.
Can I handle probate in Mobile without hiring a lawyer?
Nothing in Alabama law obligates a personal representative to retain an attorney, and families routinely handle small estates that qualify for summary distribution on their own. Full administrations are a different matter. The filings, deadlines, and creditor rules are unforgiving, and mistakes come out of the personal representative’s own pocket. Our article on whether you can do probate without a lawyer weighs the trade-offs.
Can I handle a Mobile estate if I live in another state?
Yes. You do not have to live in Alabama to serve as a personal representative of a Mobile estate, although Alabama law imposes specific requirements on nonresident personal representatives. Our attorneys in Mobile can handle the local filings and court proceedings while you manage the estate from outside Alabama.
What property does or does not go through probate in Mobile?
Property owned solely in the deceased person’s name generally goes through probate, including a house, vehicle, bank account, or other asset without a beneficiary or survivorship designation. Property may pass outside probate when it is jointly owned with a right of survivorship, has a valid beneficiary designation, or is held in a trust. Alabama also has a summary distribution procedure for qualifying small estates, which can provide a simpler alternative to full administration.
What happens if a relative is contesting the will?
In Alabama, a will can be challenged in probate court before it is admitted, or within 180 days after admission if someone wants to contest it afterward. Where that later contest must be filed depends on the county. Mobile County Probate Court has equity jurisdiction, meaning the judge is a licensed attorney, so a will contest here is filed in Mobile County Probate Court itself, not the circuit court.
The usual grounds are lack of testamentary capacity, undue influence, defective execution, and fraud. Since our Mobile probate lawyers also try these cases, we can either defend the will or bring the challenge without your family having to hire a second firm.
How much does probate cost in Mobile, Alabama?
In Mobile County, opening an estate typically costs $200 to $400 in Probate Court filing and recording fees, plus about $100 to $200 to publish the required notice to creditors. Attorney fees depend on what the estate involves, such as Mobile real estate, creditor claims, or disputes among heirs. The personal representative may also be entitled to compensation under Alabama law. We can explain the likely costs for your estate during a free consultation.
Start With a Free Case Evaluation
If you have just been handed the role of executor, or an estate has been stalled for months and no one knows how to move it forward, a conversation with a probate attorney in Mobile at Southern Estate Lawyers is a good place to start.
Visit our Mobile office at 6001 Airport Boulevard, Suite 200B, Mobile, AL 36608, or contact us to schedule your free consultation.