The Probate Process in Alabama

In reality, the probate process in any state could fill up an entire book, but this blog post will (hopefully) give you a general overview of what to expect if you are anticipating having to navigate the probate court for the purposes of handling a decedent’s estate. For the purposes of this particular blog post, we will be discussing the process as it relates to filing the Will for a decedent. If an individual dies without a Will, that process is called “Intestate Administration” and will require its own post.

Probate is the court-supervised process of validating someone’s last will and testament, resolving any outstanding debts or taxes and distributing assets according to the terms of the decedent’s will. While it is (in theory) possible to undergo the probate process without any attorney, it is a lengthy, expensive and complicated process that would be best undertaken with the assistance of a qualified probate attorney.

So, let’s get down to brass tacks; the general flow of the probate process when a decedent passes with a will is this—contact the court, get appointed as the personal representative, submit the Will, inventory and submit valuation of all relevant assets, have the court and beneficiaries approval, and finally distribute the assets to rightful heirs/beneficiaries. If you are serving as the Personal Representative (also known as an Executor) you are responsible for:

Filing a Petition to Probate the Estate
Marshalling together probate assets
Managing and locating assets
Valuing and appraising estate assets
Receiving payments on behalf of the estate and paying taxes on behalf of the estate
Setting up a separate bank account for the estate with a separate EIN
Interpreting the Will
Communicating and working with heirs/beneficiaries
Valuing and appraising estate assets
Notifying creditors
Following all legal deadlines/attending necessary court hearings
Paying funeral expenses (if necessary)
Filing estate tax returns
Submitting death certificates
Submitting distribution receipts and officially closing the estate

Don’t be fooled, there are a LOT of minute and nuanced steps that have to be taken in conjunction with everything listed above, but this is a general outline of the tasks involved when it comes to probating the last will and testament of someone. Hence, why I highly, highly, recommend hiring an attorney who specifically does probate work and is well-versed in the law and well-known in the County in which you are operating.