What Legal Documents Are Required for Probate?

The death of a loved one means having to go through probate. This legal process involves validating the deceased’s will in court, settling all of their debts, and distributing the remaining assets to their heirs. Probate is never simple, and it’s even harder when you are still grieving your loved one and dealing with the changes that have come with their death. As you get ready to go through this process, you might be asking this question: “What legal documents are required for probate?”

At Southern Estate Lawyers, we are probate attorneys with decades of combined experience assisting people throughout Alabama who have lost loved ones and need guidance during probate. Our team of lawyers explains what documents to prepare and how to organize them.

Contact Southern Estate Lawyers at (251) 444-7000 to learn more about our services in Alabama. 

Probate: Knowing What You’ll Need

The Essential Documents for Probate

As you get ready for probate, you will need to gather some vital documents.

Last Will and Testament

The most important document you need for probate is your loved one’s last will and testament, also simply known as the will. This legal document outlines your loved one’s wishes on how their estate should be distributed. It should name the person who will be in charge of managing the estate, who is also called the executor. The executor will be responsible for ensuring that the estate is distributed exactly as set out in the will.

Before you begin probate, you need to have the original will on hand.

Death Certificate

The death certificate is legal proof that your loved one has passed away. You’ll need several copies of it; financial organizations will require a copy before they release your loved one’s assets. You can get certified copies from the Alabama Department of Public Health. Do this as soon as possible after your loved one’s death so that there are no delays.

Petition for Probate

When you’ve gathered these documents, you will file a petition with the local probate court. This petition outlines the deceased’s estate and requests that the court recognize the will and establish who will be the executor. If the will does not name an executor or if the chosen person is not willing to step into this role, the court can appoint one.

The petition for probate must be filed in the county where your loved one was living when they died.

Notice of Probate

Before probate can begin, you’ll need to send the notice of probate to all beneficiaries and creditors of the deceased. This notice lets them know that the process is about to start. It should include instructions on how to file any claims they may have against the estate.

Inventory of Assets

The inventory of assets names all of the real estate, financial accounts, and personal property that the deceased owned. This document sets the stage for an accurate appraisal of the estate. It should clearly list all assets, provide a description for each, and include an estimated value.

Property Appraisals

All of your loved one’s assets, such as personal property and real estate, need to be appraised for their current market value. These appraisals will make the distribution process much easier, especially when paying debts. They must be conducted by qualified professionals with knowledge of the type of assets being considered.

Tax Returns

It is the executor’s responsibility to file the deceased person’s final tax returns and to pay any owed taxes. After doing this, they will bring the tax clearance letter to probate court. This letter shows that all of the taxes have been paid and the estate is free of liability. Tax clearance is required before the executor can start distributing assets to beneficiaries.

Life Insurance Policies

If the deceased had life insurance, you will need a copy of the policy. The funds from a life insurance policy can help pay for funeral services and offer support to beneficiaries who may now have to live without their loved one’s income.

Additional Documents

You may also need to gather documents such as prenuptial and postnuptial agreements, which can impact who inherits what, as well as guardianship or conservatorship documents, which appoint a guardian for minors or vulnerable adults. If your loved one had a trust, you’ll also need these documents for probate.

Our team of attorneys has experience in both probate and circuit courts.

Is Going to Probate Court Necessary?

Probate starts when you file an application with the county court and submit your loved one’s will and death certificate. The court will assess the will and validate it, followed by assigning the executor. Once this occurs, either the executor will take over probate, or there will be further court proceedings. Sometimes there is a problem, such as when someone dies without a will. When that happens, the estate will have to go to probate court. The court will supervise the distribution of assets based on Alabama’s succession laws.

If an estate exceeds a certain value or if there are substantial amounts of solely owned assets, further court proceedings may be necessary. An example would be if the deceased was the sole owner of a bank account that holds a significant sum of money. If there are disagreements over the will’s validity, this dispute will likely be handled in probate court, too.

Experienced Probate Attorneys in Alabama

Choose Southern Estate Lawyers

After the death of a loved one, it may fall to you to gather the necessary documents and begin probate. Having all of the paperwork from the start can make it easier and could even prevent conflicts and setbacks that require a lengthy legal process to resolve.

Sometimes, however, even your best efforts can’t prevent disputes or questions about your loved one’s wishes. Whether you’re struggling to understand your duties as an executor or you’re facing a dispute over the will’s validity, Southern Estate Lawyers can help.

We’re here to protect your and your loved ones’ interests. Contact our Alabama probate lawyers by calling (251) 444-7000.