Do I have to file for probate?
Probate is the legal process that ensures a deceased person’s estate is properly administered and distributed. It’s important to understand whether or not probate needs to be filed, as failing to do so can cause delays or legal issues. Here are some key reasons why you may need to file for probate:
- The Decedent owned property such as a bank account or real estate that was only in their name.
- There is no valid Will.
- There are outstanding debts of the estate.
- There is a dispute among heirs.
Unsure if you need to file for probate?
Fill out our intake form, and we will help you determine whether probate is required for your case. We’re here to guide you through every step of the process.
Estate Administration
Probate is the legal process of settling a deceased person’s estate, including validating their will, paying debts and taxes, and distributing assets to heirs. Probate ensures that the estate is administered correctly and according to Alabama law. Not all estates require probate — if assets are jointly owned, have designated beneficiaries, or are placed in a trust, probate may be avoided.
You may need to file for probate if the deceased owned assets solely in their name, like real estate, bank accounts without beneficiaries, or personal property of significant value. If you’re unsure, consulting with an experienced probate attorney can help determine the right course of action.
When a person dies without a will, their estate is distributed according to Alabama’s intestacy laws. This typically prioritizes spouses and children, followed by other relatives if necessary. Probate will still be required to appoint a personal representative and oversee the distribution of assets.
A personal representative (also called an executor) is responsible for overseeing the probate process. Their duties include filing the will with the probate court, notifying beneficiaries and creditors, paying debts and taxes, and distributing assets according to the will or state law. If you’ve been named as a personal representative and aren’t sure where to start, we can help guide you through the process.