Decatur Probate Lawyer

Decatur Probate Attorney

Even if a loved one had a Will, when they pass away, their estate has to go through probate unless all their assets were placed in a trust before they passed away. Probate can be a lengthy and complicated process, depending on the circumstances of the situation. A skilled  Decatur, AL probate lawyer can help guide you through the process of probate.

From initiating the probate process to seeing that the assets of your loved one’s estate are distributed accordingly, the Law Office of Brad Phillips, LLC, is committed to alleviating the stress of probate for their clients. We know how difficult the probate process can be and work hard to ensure that you or your loved one’s final wishes are carried out just as they are written. Our knowledge and experience can help ensure you have the right team on your side.

What Is the Probate Process?

After a loved one passes in Alabama, the probate process begins. If your loved one had a Will, the executor of that Will is typically named in the Will. If they did not have a Will, then the Morgan County Judge of Probate, Judge Greg Caine, will name one as part of the probate process. Regardless, the estate must go through probate before the assets can be disbursed.

The probate process can be prolonged and take up to a year to complete in some situations. This requires a probate attorney accustomed to the Decatur, AL probate court can help expedite the process. If there was a Will in Decatur, AL, it needs to be submitted to the Morgan County, Alabama probate office at the Morgan County Courthouse, located at 302 Lee St NE # 2, Decatur, AL 35601. They are open from 8:00 a.m. until 4:30 p.m., Monday through Friday. The cost to probate a will in Alabama can vary depending on the estate’s complexity, legal challenges, and filing fees, which makes early legal guidance especially important.

Once the court authenticates the Will, a court hearing is typically held, during which anyone may contest the Will. If there are no challenges, the executor takes over the estate and must first pay off any debts of the estate. Then, the executor can carry out the orders as written in the Will.

If there is a challenge and it is found to be invalid, the debts and assets of the estate are given to the next of kin in accordance with Alabama’s intestate laws. When there is no spouse, these laws prioritize descendants of the deceased, such as children, grandchildren, and great-grandchildren, before parents, siblings, grandparents, aunts and uncles, and cousins. This priority schedule is also used when there is no Will, and the court must name an executor.

Outlining the specific details of your circumstances with your attorney can help you receive the necessary guidance needed to navigate the probate process. Be sure to give your attorney all the details so they can more thoroughly prepare to protect your rights and interests.

How a Decatur, AL Probate Lawyer Can Help

A probate attorney can help move the process along as they know what to expect and have experience in every step along the way. These processes can be confusing and complicated, and it can be difficult for someone unfamiliar with the process to traverse the system and follow the steps appropriately and in accordance with Alabama and Decatur probate laws. A skilled probate lawyer can put your interests first.

For example, steps that must be taken in the probate process include inventorying the estate, which must be completed within a small window of time. If assets are complicated, located in different states or countries, or in hundreds of different scenarios, a skilled attorney will know what to do and how to do it quickly.

An attorney can also assist in the red tape involved in obtaining a bond equal to the value of the estate’s aggregate capital plus the value of the estate’s estimated income for one year to pay debtors.

Debtors must also be notified, and the estate must be published for three weeks, but the window for claims against the estate is within a certain time frame. In most cases, the estate cannot be divided among beneficiaries or heirs until that window of time closes. Furthermore, all claims must be addressed, and all debts and expenses must be paid, which is why it can take up to a year or more, especially without an acting attorney to speed up the process.

FAQs

How Much Does a Probate Lawyer Cost in Alabama?

The costs associated with a probate lawyer in Alabama will vary depending on the circumstances of your case. The complexity of the Will or the legal challenges presented will play a role in the amount an attorney may charge, in addition to their experience. During your initial consultation, it is important to ask your attorney what fees you could incur and what their payment structure may look like.

Do You Need a Lawyer for Probate in Alabama?

While a probate lawyer is not a requirement in Alabama, the probate process is very complicated, and it would be very difficult for an individual to traverse the probate court system alone without any prior legal experience. The process is complicated, but it also progresses on a tight schedule, and there may be setbacks, such as forms rejected or questions regarding the Will or beneficiaries. Hiring a probate attorney is always recommended because of the legal complexities you could face.

What Is the Difference Between a Probate Lawyer and an Estate Lawyer?

There is no difference between a probate lawyer and an estate lawyer. There are many names for attorneys who practice estate law, and the various names are used interchangeably. Other terms used to describe lawyers who practice estate law include Will attorney, trust lawyer, succession lawyer, estate administration attorney, and inheritance lawyer, but there are others as well.

What to Do if You Can’t Afford a Probate Lawyer?

If you can’t afford a probate lawyer, you may want to consider handling the probate process yourself. Probate court is a difficult task to take on, but some people have little to no issues with it, while for others, it’s a stressful and confusing process. Other options include seeking out an attorney who accepts payment plans or offers a contingency fee option, which means they get paid after the estate is settled, out of the estate.

Contact Our Decatur Probate Lawyer Team to Discuss Your Case

Making the decision to hire a qualified Decatur probate lawyer is one of the easiest decisions you will have to make following the passing of a loved one. The Law Office of Brad Phillips, LLC, can help alleviate the stress and pressure of handling the estate of your loved one. Give us a call and speed up the probate process.