Huntsville Probate Lawyer for Executors
Being named executor in a loved one's will means the probate court has to appoint you before you can administer the estate, and a set of deadlines starts the day it does. Ty Shepard represents executors through Alabama probate, from filing the will to closing the estate. Your first consultation is with him: contact Ty about the estate.
Most of our probate work is in the Madison County Probate Court in Huntsville. We also handle estates in Limestone, Morgan, Marshall and Jackson counties.
When You Are Named Executor in an Alabama Will
In Alabama the executor is called the personal representative. The will names you, but your authority to administer the estate begins when the court admits the will and issues letters testamentary. Until then, banks and title companies usually will not deal with you on the estate's behalf.
Opening the estate also starts the clock for creditors. The sooner the estate is opened, the sooner the claims period ends and the estate can close.
An Alabama resident's will must be filed for probate within five years of the death. After that, it generally has no effect, and the property passes as if there were no will.
How Probate Works in Madison County, Step by Step
Every estate is different, but a will-based estate usually moves through these steps.
1. File the will and the petition. We file the original will with a petition asking the court to admit it and to issue letters testamentary to you. The case usually belongs in the probate court of the county where your loved one had a permanent home at death; for most of Huntsville, that is Madison County. If the will has a valid self-proving affidavit, the witnesses usually do not have to testify.
2. Notice to the family, then letters testamentary. The surviving spouse and next of kin receive the notice the law requires before the will is admitted. In Madison County, when the next of kin all sign consents to admitting the will, there is usually no hearing. If someone will not consent, the court sets a hearing. When the court admits the will, it issues letters testamentary, the document banks and title companies ask for. With everyone's consent, that often takes a couple of weeks, depending on the court's workload; with a hearing, two to three months from filing. You post a bond unless the will waives it, and even then the court can require one.
3. Tax ID number and estate account. With letters in hand, you get a federal tax ID number for the estate and open an estate account. Estate money goes into that account and never into your own.
4. Notice to creditors and to Medicaid. We arrange the newspaper notice to creditors, direct notice to the creditors you know about, and the notice Alabama law requires to the Alabama Medicaid Agency. Creditors have at least six months after letters to file claims, and we check every deadline before anything is distributed. The executor's guide covers the notice rules in detail.
5. Inventory and gathering assets. Within two months after you are appointed, you file an inventory of the estate's property and its value at death, unless the will expressly excuses filing it. We help you find every asset and sort what passes under the will from what passes outside it, such as accounts with a named beneficiary or property in a living trust.
6. The house and other real estate. Selling real estate takes court approval unless the will gives you the power to sell. We confirm which applies before the house is listed.
7. Debts, taxes and expenses. You pay valid claims in the order Alabama law sets, file any required final income tax returns and the estate's own returns, and keep a record of every dollar in and out.
8. Final settlement and distribution. The estate can be settled after six months from letters, once the debts are paid and the estate is otherwise ready to close. You account for the estate, the beneficiaries receive what the will gives them, and the court closes the estate. Most of our estates close on the beneficiaries' signed consents and receipts; a formal final settlement before the court is usually needed only when someone will not consent.
For the full list of an executor's duties, see what an executor does in Alabama, step by step.
How Long Probate Takes
A full administration cannot close sooner than six months after letters, because creditors have that long to file claims. Most of the estates we handle close in about six months to a year, depending on how complex they are. Selling a house or a business interest, or waiting on a tax return, can extend probate. More detail: how long probate takes in Alabama. For what an estate pays for, see what probate costs in Alabama.
What Ty Handles for You
the petition, the court's admission of the will and your letters testamentary
the creditor and Medicaid notices, and advice on the claims that come in
the inventory, title questions and account transfers
court approval when real estate has to be sold
coordination with your CPA on the estate's tax returns
the accounting, the distributions and closing the estate
You make the executor's decisions. We give you the legal advice and handle the legal work.
Estates With Real Estate, a Business or a Trust
Some estates are straightforward. Many are not. These are the ones where an executor most needs a lawyer:
Real estate. A house to sell, rental property, or land in more than one county.
A family business or LLC. The executor's authority depends on how the business is owned, its governing documents and the will, so we confirm it early.
A trust alongside the will. When a pour-over will sends property into a living trust, the probate estate and the trust administration have to move together.
Retirement accounts and beneficiary designations that do not line up with the will.
Family tension. Careful communication with beneficiaries keeps the administration moving.
Executors Who Live Outside Alabama
An executor named in the will can usually serve from another state on the same terms as an Alabama resident. We handle the Alabama side here in Huntsville, including the court filings, real estate and banks, so you can do the job from where you live. When a will was probated in another state and the person owned Alabama real estate, we handle the Alabama ancillary probate.
What We Do Not Take On
We represent executors named in a will. We do not handle small-estate summary distributions or will contests, and we do not serve as executor ourselves. We take estates without a will only for existing clients. If a contest is filed during an administration we are handling, we explain what it means for the estate and help you bring in litigation counsel.
Probate Questions Executors Ask
Do I need a lawyer to probate a will in Alabama? Not always, but most executors are better off with one. The court filings, the creditor deadlines and the personal liability that comes with the job are where executors most often need help, especially when the estate includes real estate or a business. If the estate has to bring or defend a lawsuit, an executor who is not a lawyer cannot represent it in court.
Can the executor sell the house? Yes, with the right authority. If the will gives the executor the power to sell, the sale can usually go forward without a court order. Otherwise the probate court has to approve it. Either way, the title company will want to see that authority before closing.
Do I need to live in Alabama to serve as the executor? Often, no. Alabama allows an executor named in the will to serve from another state in most cases, though the rules differ for administrators of estates without a will. We handle the Alabama filings and the work on the ground in Huntsville so you can serve from wherever you live.
How do we handle a family business during probate? A business does not stop running just because an owner dies. The executor's authority over the business depends on how it is owned, its governing documents, the will, and sometimes court approval, so we confirm it early. We then help the executor work with any co-owners or managers to keep the business running while the estate is settled.
What is my personal liability as a personal representative? A personal representative who pays claims in the wrong order, or distributes assets in a way the will or Alabama law does not allow, can be held personally liable for the loss. We help you understand your duties, give the required notices, evaluate and respond to claims, and seek court approval where appropriate before major distributions.
What happens if the will is contested by a family member? A will contest has its own procedures and deadlines. Our role is to help the personal representative named in the will open the estate and carry it out. We do not take on contested matters as new cases, so if a contest is filed, we explain what it means for the administration and help you bring in litigation counsel.
Talk With Ty About the Estate
Ty Shepard handles our probate and trust administration work, and your first consultation is with him. Call 256-512-6019 or send us a message.