Huntsville Probate Court and Small Estate Attorneys
Huntsville Probate Lawyer and Estate Planning Attorney Helping Alabama Families
As an Alabama estate planning lawyer, Sarah S. Shepard and her law firm can help you and your family with probating wills and administering decedent estates. Sarah Shepard can also help with trust administration, probating an estate without a will, and filing the necessary forms for small estates.
Sarah and her team help families in Huntsville, Alabama get through this difficult time by providing comprehensive legal services, legal advice, and estate planning services. She knows that it's important for families to preserve their legacy and leave behind something meaningful for future generations. Sarah understands the emotional toll this process takes on her clients, but she also knows how rewarding it can be when everything finally comes together.
Sarah Shepard knows that time is an important factor during the probate process. our Alabama probate attorneys work hard to ensure that our clients fully administer decedent estates in the shortest amount of time possible while also fulfilling all documentation requirements for Alabama probate courts. Sarah's team makes it easy by offering a flat-rate fee for small estates. Sarah Shepard prides herself in offering personalized service to every client, whether they are filing simple or complex probate cases.
Probate is the Means for Transferring Property.
It involved the transfer of assets from a deceased person to their heirs. Certain property in Huntsville, AL like real estate and ownership interests in LLCs or intellectual property, often require the probate estate to transfer assets to the next-of-kin.
The probate process for a will in Huntsville is fairly straightforward, but there are a few tips and trips to make sure the matter moves smoothly.
Keep reading to learn more.
Probating a Will in Huntsville, Alabama
The probating of a will is the legal means for proving that the last will and testament of a deceased person are valid and enforceable. Here in Huntsville, this occurs in the Probate Court for Madison County, Alabama with the help of Huntsville probate attorney who advises and counsels the estate’s representative on the probate process.
The Probate Judge will also appoint the executor or other representative to oversee the estate administration of the decedent’s estate and act as the official representative on matters of estate administration before the Probate Court.
Probate is the only process through which a personal representative can acquire the requisite legal authority to collect a deceased person’s assets and distribute them to heirs according to the terms of the decedent’s will. These cases may last a little as six months or may continue on for years, depending on the complexity of the issues presented.
Applicable Probate law provides an opportunity for creditors of the deceased person to present any claims against the estate for payment. Our family law firm can help keep your case on track with legal advice and legal services you need.
Legal Requirements for Enforceable Wills in Huntsville, Alabama
In Alabama, the person for whom the will is prepared by an estate planning attorney (the “testator”), must sign the document in front of two witnesses.
Alabama probate law requires that notarized wills which have the following requirements are self-proving, meaning that the witnesses will not have to testify under oath about the testator’s signature. If a will is not self-proving, the witnesses must go before the Probate Court to testify about the testator’s signature.
Alabama law states that the will may be probated in the county where the deceased person lived or in a specific county designated in the will where the deceased person owned property. Your estate planning attorney can help you here in the free consultation.
Filing of a Petition by a Huntsville, Alabama Probate Lawyer Begins the Proceeding.
The probate begins with the testator’s attorney filing a Petition for Probate, along with one or more Waivers of Notice signed by the other next of kin, a certified copy of the death certificate, and a certified copy of the bond, if applicable.
Usually, Alabama probate lawyers will file these documents on behalf of the probate estate. Notice of the filing of the petition will then be sent to all beneficiaries or heirs and also to all known creditors.
If required by the will and estate plan, the representative will also need to file an inventory of all assets and debts tied to the estate.
Creditors of the deceased person’s estate have six months from the date that the Huntsville, Alabama Probate Court admitted the will and opened the case to then file a claim with the probate estate.
Allowed creditor claims will have priority of payment, meaning that the creditors will get paid before any distribution to listed beneficiaries of the will. After six months and payment of all allowed claims, the estate is eligible for final distribution, where the property is transferred to the beneficiaries.
After that, the representative will file a report with the Probate Court and seek permission to close the case. Once this happens, the estate is closed.
Probating an Estate Without a Will in Huntsville, Alabama
The process for probating an intestate estate (where the deceased person did not have a will) in Huntsville, AL is similar in many ways to the process for probating a testamentary estate (where the person did have a will).
The representative will need to file a petition with the Probate Court for Madison County and seek a court appointment. A Huntsville estate planning attorney can help with the probate because probate and wills and estate are related practice areas.
When there is no will in place, generally, the deceased person’s spouse, or next of kin (such as children), have the initial right to petition to open a new matter and grant them Letters of Administration.
The person, with the assistance of their probate law firm and attorneys, would be in charge of the estate administration.
Alabama Probate Process Requires a Bond.
If there is no will, the estate administrator will need to post a surety bond for an amount equal to the value of all personal property owned by the deceased person or their estate. This property does not include land.
The probate process also requires the Huntsville, Alabama estate administrator to give all creditors and any potential beneficiaries of the decedent estate notice of their appointment. Our probate attorneys can help explain these requirements in a free initial consultation with our estate planning law firm.
Alabama law requires the estate administrators to prepare and file an inventory of all property within two months of opening the Alabama probate proceeding, and to continue filing inventories of all property in the representative’s control for every year after that in which the estate remains open.
When there is no will, Alabama’s intestate laws control how the deceased person’s property will be disbursed to the various beneficiaries, after taking care of all allowed creditor claims.
The estate administrator has authority to:
Collect and retain assets of the estate;
Perform under the terms of contracts;
Abandon valueless property, such as donations;
Pay any applicable taxes and related expenses;
Employ professionals, such as probate lawyers, accountants, and auctioneers;
File and defendant lawsuits, such as a personal injury lawsuit, on behalf of the estate;
Continue operating any applicable businesses; and
Other related actions are specified in the applicable Alabama probate process.
The personal representative needs court authorization to enter into any long-term leases, sell real estate, and pay any compensation to the representative.
Closing the Intestate Probate Estate.
After the representative for the estate has collected all of the property of the estate and paid all applicable claims and expenses in their order of priority, the remaining property may be distributed to the beneficiaries.
The estate is then eligible for final settlement and closing the estate, which will complete the intestate administration for a person who passed away without a will in Huntsville, AL
The Alabama Small Estates Act.
Alabama law allows deceased person’s estates with only a few assets to speed up the probate. This can be done by filing a petition for these special cases. These estates are ones whose assets do not exceed $25,000.00 in 2009 dollars (adjusted for inflation every year). Your Huntsville probate attorney can discuss this with you in a free consultation.
These cases also cannot include situations where the personal representative holds title to any real estate.
These matters work best for transferring ownership of personal property assets, like cars or other title vehicles.
The benefits of administering a Huntsville, AL estate as a Small Estate case include that the proceeding is simplified, the Probate Court does not need to appoint a personal representative, there is no requirement to get a surety bond, and the six-month waiting period for creditor claims does not apply. Only certain notices need publication in the local newspapers.
Closing out a Small Estate Case.
Thirty days after this public publication, the deceased person’s estate may file a request for distribution (allowing transfer of any property). Once this happens, any creditors will be paid first, followed by the Huntsville, AL beneficiaries.
Then, after these deadlines have passed, the estate administration may be wrapped up and closed out as completed.
From start to finish, these estates may take less than two months to complete. This saves both time and money for the family and the estate.