Probating a Last Will and Testament: Alabama Edition

In reality, the probate process in any state could fill up an entire book, but this blog post will (hopefully) give you a general overview of what to expect if you are anticipating having to navigate the probate court for the purposes of handling a decedent’s estate in Alabama. For the purposes of this particular blog post, we will be discussing the process as it relates to filing the Will for a decedent. If an individual dies without a Will, that process is called “Intestate Administration” and will require its own post.

Probate is the court-supervised process of validating someone’s last will and testament, resolving any outstanding debts or taxes and distributing assets according to the terms of the decedent’s will. While it is (in theory) possible to undergo the probate process without any attorney, it is a lengthy, expensive and complicated process that would be best undertaken with the assistance of a qualified probate attorney.

So, let’s get down to brass tacks; the general flow of the probate process when a decedent passes with a will is this—contact the court, get appointed as the personal representative, submit the Will, inventory and submit valuation of all relevant assets, have the court and beneficiaries' approval, and finally distribute the assets to rightful heirs/beneficiaries. If you are serving as the Personal Representative (also known as an Executor) you are responsible for:

1.      Filing a Petition to Probate the Estate

2.      Marshalling together probate assets

3.      Managing and locating assets

4.      Valuing and appraising estate assets

5.      Receiving payments on behalf of the estate and paying taxes on behalf of the estate

6.      Setting up a separate bank account for the estate with a separate EIN

7.      Interpreting the Will

8.      Communicating and working with heirs/beneficiaries

9.      Valuing and appraising estate assets

10.   Notifying creditors

11.   Following all legal deadlines/attending necessary court hearings

12.   Paying funeral expenses (if necessary)

13.   Filing estate tax returns

14.   Submitting death certificates

15.   Submitting distribution receipts and officially closing the estate

Don’t be fooled, there are a LOT of minute and nuanced steps that have to be taken in conjunction with everything listed above, but this is a general outline of the tasks involved when it comes to probating the last will and testament of someone. Hence, why I highly, highly, recommend hiring an attorney who is experienced with the probate process and is well-versed in the law and well-known in the county in which you are operating.

To learn more about the probate process or to speak to a qualified probate attorney, call us today to schedule a consultation (251) 716-8318 or email us at kayla@baysidelawllc.com.