Probate is an extensive process in which a deceased person’s debts are paid, their assets inventoried, and the instructions in their will carried out. It can often be confusing for the people involved. Whether you’ve been named the executor of someone else’s estate or are writing your will, you’ll likely have many questions about this process. Will you need a probate attorney? How long will it take? Below are answers to some common questions about navigating probate in Alabama.

Your Questions About Probate Answered

Do all estates have to go through probate?

The vast majority of estates will have to go through the probate process, although there are some exceptions. Assets held in trust can bypass the probate process altogether. In Alabama, the decedent’s loved ones can simply file an affidavit with the court if the value of the estate is less than $25,000. If you’re connected to an estate that must go through probate, hiring a probate attorney can be your best option.

What does the executor do?

The executor is the individual empowered by the court to follow the instructions contained in the decedent’s estate plan. Executors are typically nominated in a will, but the court will appoint someone if the individual passed away without preparing one. A probate attorney will advise the executor through the process and ensure that they understand their role.

Who pays the probate fees?

All costs associated with the probate process are paid out of the estate before assets are distributed to the beneficiaries. This includes court costs, probate attorney’s fees, compensation paid to the executor, and fees for other professionals.

How long does probate take?

Alabama law requires a six-month period before the estate is closed, giving creditors an opportunity to make a claim and allowing the executor to inventory property and notify heirs. If the estate is fairly simple, and no one challenges the will, probate can often be finished in less than a year.

If you’ve been named the executor of an estate or plan to challenge a loved one’s will, a skilled probate attorney can minimize confusion and protect your interests. Located in Pell City, AL, William A McWhorter has been serving clients throughout St. Clair County for over 20 years, providing legal solutions and helpful guidance informed by decades of experience. Visit their website for an overview of their services, and call (205) 338-4411 for a consultation with a skilled probate attorney.