When a person passes away, their estate goes to assorted beneficiaries such as spouses, children and grandchildren, and nonprofit organizations. Under probate law, the state court “freezes” the estate until all assets have been identified and all relevant parties notified. If you have questions about the boundaries of probate in Alabama, the following answers will help you make the right estate-planning decisions for you and your family.

Alabama Probate Law FAQ

Can you avoid probate in Alabama?

In the Yellowhammer State, you can create a living trust to avoid probate on all of your assets. State law allows you to place real estate, vehicles, bank accounts, and other assets in a living trust to keep your estate out of the courts. Simply make a trust document naming your trustee, or the individual who will control your property after your passing. Trust documents are similar to wills and are easily created with help from an attorney.

Is any estate subject to probate?

Estates valued under $25,000 that don’t include actual property are not subject to probate law in Alabama. Accounts held in joint tenancy or property owned with another person isn’t counted during estate value calculations. This means if you have one viable bank account under $25,000, your beneficiaries can simply wait for 30 days before requesting “summary probate” that involves filing forms instead of appearing before a judge to obtain the estate.

How do the Alabama courts recognize valid wills?

For a will to be accepted in an Alabama probate court, the creator must be over 18 years old, of sound mind, and free of external pressures such as those from family members. The writer must also obtain two additional signatures to validate the document, as the signatures prove witnesses were present at the time of the will’s creation.

Does the state offer transfer-on-death & payable-on-death options?

Savings accounts, certificates of deposit, and other payable-on-death accounts are available in Alabama. These accounts are under your complete control until you pass away, at which time your beneficiaries have legal access to them through your banks. No probate law proceedings are necessary for these as well as transfer-on-death accounts applicable to properties such as stocks and bonds. 

Create an estate plan to avoid probate law in Alabama with JP Coleman Law, LLC, Attorneys at Law. Located in Robertsdale, this client-oriented law firm has built a reputation based on reliability, preparation, and communication since 2012. Call (251) 947-6247 today to schedule a free consultation or visit the attorneys online for more about practice areas.