Florence Probate Lawyer

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A will can be a helpful tool to ensure that one’s assets go to the right places, but it can also be extremely difficult to administer correctly. For assistance with probate in Florence, contact a Florence probate lawyer.

Get Help Navigating Probate

At The Law Office of Brad Phillips, LLC, we pride ourselves on helping families through complicated probate issues. We understand how complex estate law can be, and we are willing to provide customized support for personal representatives to help them probate a will. Contact our office for more details on what the probate process might look like for your situation.

What Is Probate?

Probate is the legal process of evaluating a decedent’s estate and distributing their assets in court. Their debts will be paid before their will is carried out, if one exists.

Most people can benefit from hiring a lawyer for probate due to the complexity of wills and estate law. The judge overseeing the case cannot provide you with advice about your individual case.

Probate Exceptions

If a simple estate is worth a smaller amount of money, it could be resolved through summary distribution instead of going through the complete probate process. In order for this to apply, the estate must not have started a probate proceeding, and arrangements must be made to pay any outstanding debts or funeral costs. There is a separate petition that must be filed with the court. This is different from the traditional probate petition.

If a decedent’s assets were in a trust, they will likely not have to go through probate.

FAQs

Q: How Long Do You Have to File a Probate After Death in Alabama?

A: In general, an estate has a few years after the owner dies to file for probate in Alabama. The will typically must be filed for probate in the same county the deceased person lived in. In most cases, a will must be probated in order for any actions or financial allocations designated in the will to take place. There are some unique circumstances where a will might not have to go through probate, but these cases should be verified by a probate attorney.

Q: What Assets Are Subject to Probate in Alabama?

A: In most cases, assets like personal property, stocks, and any other funds in an estate are subject to probate in Alabama, but there are some exceptions. Living trusts are created through a separate process and usually do not have to go through probate. This also applies to properties owned by multiple people. If one owner dies, then the property is usually given to the other owners. There are some assets that are transferable on death, but Alabama does not allow certain types.

Make the Probate Process Easier

When a person dies, the last thing a loved one should worry about is how to probate their will. Working with a probate attorney can help take the pressure off of grieving family members and make the probate process as simple as possible. For more information on your unique situation, schedule a consultation with The Law Office of Brad Phillips, LLC, today.

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