An Experienced Probate Attorney in Birmingham, Alabama That You Can Trust
Probate Lawyer in Birmingham, Alabama
You might be wondering: what exactly is probate? Probate is a legal process whereby the validity and legality of a last will and testament is verified before it can be executed.
In all cases, proof of death is required, and while the issuer of a death certificate may vary from state to state, it is the document that begins the process of settling the estate of a person who has passed.
What does the probate process involve?
The probate process involves the following actions:
identifying and collecting assets of the deceased;
paying his or her outstanding debts and taxes, if there are any creditor claims;
the possible liquidation of assets (for example, selling real estate);
And the distribution of the balance of assets (cash or fixed) as directed by wills, or agreed upon closing of the estate.
The probate process is made much more difficult if someone passes intestate, or without having a legal will or estate plan. The presence of a legal will eliminates or reduces the need for complex probate, but if the will is challenged or formally contested, probate is the method of verification that is commonly employed to settle matters.
While probate is optional or only utilized in questionable or intestate cases in many states, in Alabama, it is essentially mandatory. The state says it in no uncertain terms: “Any person in possession of a Will must, by Alabama law, deliver the Will to Probate Court or to a person who is able to have the Will probated. A person in possession of a Will may have to produce the Will.”
What is the normal fee for a probate attorney?
In Alabama, fees for a probate lawyer can vary, but typically start at around $2,500. This figure represents a fairly simple, smaller estate, and the fee grows accordingly as the size of the estate, and complications, increases. There is also a series of basic probate court fees.
There might be more than just legal advice required in probate cases; you may need a probate attorney to act on your behalf in court. Generally, the probate attorney works with the named estate executor, if there is one. Oftentimes, an attorney is the executor.
Should I hire a professional for probate?
It depends on the circumstances. If you are the executor and have good knowledge of estate law and probate law, you may try representing the estate yourself. If you are a loved one of the deceased, you are wise to engage the legal services of a law firm that counts probate law as one of their practice areas. This simplifies the process, allowing you time to grieve. Being a beneficiary can complicate matters more. Pursuing proper probate support offers solid solutions.
Even with a will, handling probate is better suited to professionals. It may have to be proved as valid and authentic in court. Potential risks and legal loopholes are in abundance, and the process could take much longer without sufficient legal help. Professional probate lawyers can make the journey smooth and significantly faster due to their experience with handling estate assets.
Why are wills probated?
As noted before, probated wills are often standard practice, even with seemingly clear-cut wills. Why? Because things can change. Think about it like this: if a will was to be executed, but a codicil has been made, that changes the original will's intent and the executor's directives. Once assets are distributed, they may have been spent and therefore not retrievable. It is better to delay distribution briefly to ensure the will presented is the most recent and true than to have to attempt to re-distribute later. Probate is akin to a legal form of testing.
What is the difference between probate lawyers and estate lawyers?
Estate lawyers help to plan end-of-life decisions and outcomes; probate lawyers' services come in after someone passes to verify wills, or define and distribute an intestate person's estate through the court system.
Kristin Waters Sullivan has many years of quality estate law experience. With her professional assistance, you can rest easy knowing matters are taking care of. By scheduling a consultation and taking advantage of her expertise in estate planning and probate matters, you are putting your wishes to legally binding paper. If something happens with a will or trust, Kristin is capable to act on you and your estate's behalf for Birmingham probate court cases in Jefferson County, Alabama.
What does a probate lawyer do for you?
After a person passes, whether with a will or intestate, probate lawyers represent the estate as a third party in charge of handling the process of estate administration. They may help to prove the validity of the will as a precursor to the distribution of assets, as they have experience in probate law.
In intestate cases, probate attorneys deliver facts to the court in order to help arrange an estate's most logical settlement. The court will determine beneficiaries, as they were not named due to the absence of a will.
The easiest way to avoid having to hire probate attorneys, or to endure the probate litigation process, is to do estate planning in advance with a law firm that employs estate attorneys. Proficient in estate law of all types, Kristin Waters Sullivan can offer you a free consultation in Birmingham, AL. Contact her to get the right legal advice and proper estate planning while time is still opportune. Her expertise ensures matters will be wrapped up.