Probate Lawyers Near Me
We can help you in Madison, Morgan, Lawrence and Limestone Counties and the surrounding areas.
The sudden loss of a loved one is always a traumatic event. Especially when the death is the result of a car accident, heart attack or other unexpected event. Dealing with probate court and the assets and property of someone who has died is very complicated, and not something that most people want to do after a traumatic event like the death of a loved one. When a person passes away and leaves a will in Alabama, his or her estate will be divided up according to the terms of the will. This can’t be done until the estate has passed through the probate process in Alabama. If you are asking yourself, “do I need a probate attorney” we offer free consultations to answer your probate questions. In many instances the answer may be no. If you need a probate attorney in Huntsville, Alabama, or are not sure, call 256-534-3435. We are here to help.
Do you need an estate attorney in Huntsville, Alabama? Initiating the probate process is generally very easy in Alabama. In most cases, the process begins with simply filing documents with the probate court to get the process started. During probate, the will is examined to determine whether or not it is valid. Creditors are notified that the estate is in probate, and they are given up to six months to pursue claims for outstanding debts in Alabama. Beneficiaries and other potential heirs are also notified, giving them the opportunity to contest the will or take any other actions.
It is critical to hire an attorney who can walk you through the probate process. Our estate attorneys in Decatur, Alabama can guide you through each step of the probate procedure. This can avoid many potential problems, some of which may arise when a person has already passed away and therefore are difficult to correct. We advise clients in the areas of:
- Handwritten Wills
- Trust Contests
- Wrongful Death
- Property Transfers
- Life Insurance Beneficiaries
- Estate Administration Procedures
- Probate Administration Procedures
- Probate Process
- Trust Administration
- Will Contests
Managing an Estate Without a Will or Named Executor in Huntsville, Alabama
The terms estate administration and probate are sometimes used interchangeably, but do have distinct legal differences. Estate administration refers to the management and settlement of an estate of a person who died intestate, or without a will. Estate administration can also refer to managing an estate where the decedent neglected to name an executor in their existing will. In these cases, the court appoints an administrator who is responsible for administering and settling the estate pursuant to Alabama’s rules of descent and distribution.
In probate is the settling of an estate where a will existed and the executor (the person named in the will) settles the estate. Despite the differences, the duties of the executor and administrator are nearly identical in Alabama.
A summary of the basic duties of an administrator:
- Notifying the beneficiaries and creditors of the death
- Gathering and collecting all assets of the estate
- Ascertain all debts owed by the deceased
- Pay all debts and expenses of administration
- Sell or liquidate assets if necessary for beneficiaries
- File income, estate, and other tax returns
- Distribute remaining property according to the laws of descent and distribution
- Pursing any claims against third parties that are owed to the Estate such as wrongful death
- File a final accounting with the probate court
Common Questions About The Probate Procedure
- How do I probate a will in Alabama?
- How long does it take to probate a will in Alabama?
- Is it necessary to probate a will in Alabama?
- How much does it cost to probate a will in Alabama?
- How much does an executor of a will get paid in Alabama?
- Do you need a lawyer to probate a will in Alabama?
- What happens if you die in Alabama without a will?
- Who inherits if no will in Alabama?
- Is a spouse responsible for medical bills after death in Alabama?
- How to avoid probate in Alabama.
- How long do you have to probate a will in Alabama?
Why Hire Ferguson & Ferguson
If you were appointed by the Madison County Probate Court as an administrator for an estate, you have a great responsibility. Everything you do will be under the supervision of the court, and you will be held to the highest standards of fiduciary duty. The best way to ensure that the estate administration process is smooth and free of legal hurdles is to be represented by an outstanding legal team. At Ferguson & Ferguson, we are here to help you resolve probate matters as quickly as possible. If you have been named an estate administrator and you need assistance navigating the process, we can help you close out the estate of the decedent. Because Alabama probate law can get confusing, we offer a free consultation to help determine if our services can save you money. Get the probate legal services that you need without paying unnecessary extra fees. Call now. Get the best probate attorney you can hire.(best probate attorney near me) Call 256-534-3435 or 256-350-7200. We are here to help you during this difficult time.
Huntsville Office Location:
303 Williams Avenue SW
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601