Moulton Probate Lawyer

Probate Attorney In Moulton, AL

Losing a loved one can leave you with countless financial, emotional, and legal concerns that require your attention. If someone close to you has recently passed, a skilled Moulton probate lawyer can help you with the management and processing of the matters surrounding their estate.

Overview of Alabama Probate

Probate is the legal process by which a deceased person’s estate is distributed to the appropriate parties. It is used for those who either hold a will or for those who died without any estate planning documents. Since 24% of Americans had a will in 2025, and 59% have no estate arrangements, most people will be required to interact with probate at some point in their lives.

Probate involves three primary parties: 

• The decedent. This is the one whose estate is in question.
• The executor. This is the one who is appointed to carry out the decedent’s wishes and administer the estate.
• The beneficiaries. This refers to those named in the will to receive assets.

Probate cases both in Moulton and throughout Lawrence County are handled through probate court, located in town at 14451 Market St., Suite 130, Court St, Moulton, AL 35650.

If you want to plan ahead, our skilled Moulton estate planning lawyer can help you set up wills and trusts that may reduce—or even avoid—probate.

About Us

Our team at The Law Office of Brad Phillips, LLC, has spent years assisting the people of Moulton and Northern Alabama with their probate cases. Our founder, Brad Phillips, graduated as Valedictorian of the Birmingham School of Law. He returned to his alma mater to teach and use his legal knowledge to assist the next generation of attorneys, being named an Outstanding Professor by the graduate class of 2024.

Hire a Probate Lawyer in Moulton, AL

Probate can be a frustrating legal proceeding to handle on your own, especially for those grieving their deceased loved one. Hire a probate lawyer to help you with every step of the probate process. Your Moulton probate attorney can guide you through the often dense probate landscape, saving you time and money.

The following are a few of the various steps of your case that your probate lawyer from The Law Office of Brad Phillips, LLC can assist you with:

First Steps

Starting a probate case comes with many important deadlines and documents you must file to follow the set guidelines. Some initial actions include:

• Petition for probate
• Notification of interested parties utilizing first-class mail
• Public notice in newspapers, once a week, for three consecutive weeks

Failure to handle these and other initial actions can open you to potential problems in your case later on. Your Moulton probate lawyer can help you navigate these first issues and set your probate case up for success.
If these steps aren’t handled correctly, it can lead to delays or other issues later. Probate in Alabama often takes time, and working with a local lawyer helps you understand each step, meet deadlines, and avoid avoidable delays. If timing is a concern, knowing how long probate can take in Alabama will help you plan your next steps.

Estate Evaluation

One of the most tedious aspects of probate is the process of going through the deceased’s belongings and evaluating the total value. Many find this stage overwhelming due to the emotional nature of going through a loved one’s things and the extensive work it can take.

An experienced probate attorney can aid you in the inventory and appraisal process. They can assist in organizing assets, appraising their value, and ensuring the accounts given to the courts are accurate. One common problem that executors have is the co-mingling of their belongings and the decedent’s. By utilizing legal counsel, this can be more easily avoided.

Probate Disputes

Disputes can escalate in probate to a point where litigation is required. Some common types of probate claims include:

• Will contests. Claims that the will was fraudulent, made under duress, or that the decedent lacked capacity.
• Beneficiary disputes. Cases involving a beneficiary or heir believing they deserved more, or were unjustly omitted from a will.
• Executor misconduct. Allegations that the executor is unfit for their role, either through incompetence, malicious action, or conflict of interest.
• Ownership disagreements. Interested parties may claim that items in the will were wrongfully included, or are jointly owned and should be excluded.

Whether you wish to file a dispute or have been wrongfully accused of misconduct, we can defend your wishes in probate court.
Some families also plan ahead to reduce disputes—using tools like trusts, beneficiary designations, and joint ownership—which can simplify matters and, in some cases, help avoid probate in Alabama.

FAQs

How Much Does a Probate Lawyer Cost in Alabama?

How much a probate lawyer costs in Alabama depends on the complexity of your case, the cooperation of beneficiaries and heirs, and the work hours it requires. A small, uncontested estate case tends to cost less than a high-value estate that is contested and requires litigation. Another contributing factor is the pricing model the attorney uses, with various firms utilizing retainer expenses, hourly rates, or flat fees.

Do All Estates Go Through Probate in Alabama?

In Alabama, not all estates must go through probate. If the estate is considered a small estate, based on the Consumer Price Index, you may be eligible to apply for a summary distribution instead. Another way to avoid probate is if the deceased had other estate plans, such as a trust. Finally, if property is jointly owned with a living spouse or family member, probate may not be necessary.

Are You Required to Have a Lawyer for Probate in Alabama?

You are not legally required to have a lawyer for probate in Alabama, but it is highly recommended. The confusing process of administering an estate can be overwhelming for many, especially while going through grief. An experienced Moulton probate attorney can help you avoid easy mistakes and represent you and the decedent’s interests in any potential litigation or negotiations.

How Long Does Probate Take in Alabama?

How long it takes for a probate case in Alabama relies on the size of the estate, the court’s workload, and the cooperation between interested parties. A clear will with moderate value assets that is uncontested may take a few months, whereas a case involving complex, high-value property and multiple contesting parties can take many months or even years. Your probate lawyer can evaluate your case and provide a timeline for how long the probate case may take.

Speak With a Moulton Probate Lawyer Today

The Law Office of Brad Phillips, LLC, is here to guide you through this trying time. We have the knowledge and experience required to make a positive impact on your case.

Contact us today for an initial consultation, where we can learn your story and begin aiding you in the probate process. You may also visit our Florence office, located on Bruin Drive right off Helton Drive, a few blocks south of Florence High School.

Moulton, AL Probate Resources

• How Much Does It Cost to Probate a Will in Alabama
• How Does Probate Work in Alabama?