About Probate Responsibilities And Processes
The death or disability of a loved one or a family member can trigger a number of legal issues which must be dealt with in order to serve the wishes of the deceased and the value of the decedent’s estate.
At Akridge & Balch, P.C., in Auburn, we can guide you through this process at your pace, and you can rest assured that all of the legal consequences will be properly addressed in a timely manner.
Understanding Aspects Of Estate Administration
Whether the estate involves the disposal or distribution of substantial property involving numerous beneficiaries and trusts or a relatively typical estate, our attorneys and paralegals have the experience, dedication and understanding needed to probate the estate.
Probate matters can sometimes result in litigation, and our attorneys have substantial experience in handling that type of dispute in an efficient manner.
If the matter involves the mental or physical disability of a parent or another loved one, we can guide you through the options available: guardianship, conservatorship or durable power of attorney.
Frequently Asked Questions About Probate And Estate Administration
If you have questions about probate and estate administration, our attorneys can help you. Here are some questions we can answer:
What assets are subject to probate in Alabama?
Assets that are solely owned by the deceased are generally subject to probate. For example, a vehicle or home that is in the deceased’s name must pass through probate to be properly transferred to their heirs.
Some assets will bypass probate, however, due to joint ownership, direct beneficiary designations or their inclusion in a valid trust at the time of the deceased’s passing. Property that is jointly owned will usually automatically transfer to the surviving owner, also.
How long does the probate process take in Alabama?
While many families want the probate process to end quickly, there are a few factors that typically must be considered first. On average, the probate process will take several months to over a year to finalize in Alabama.
One of the biggest factors that affects the length of the probate process is the complexity of the estate. Larger estates often take much longer to review since assets may need to be identified and valued. A sizable estate may also be subject to more taxes, reducing the overall size of the estate. The deceased may also have left unresolved debts that often need to be settled before assets are distributed.
If an estate is challenged, family members can expect the probate process to take much longer. A legal dispute could lead to court hearings, fees and other liabilities. Resolving a dispute may take time if the party challenging the estate is not willing to agree to a settlement.
There are a few ways to speed up the probate process, such as learning how smaller estates can speed up the probate process and locating all legal documents related to the estate.
How are taxes handled during estate administration?
An estate may be subject to taxes depending on a few factors, such as the size of an estate. In 2025, an estate may be taxed if it exceeds the state’s minimum of $13.99 million. Smaller estates below the minimum typically do not pay taxes. Our attorneys can help review the size of the deceased’s estate and identify any tax implications.
Get Trustworthy Legal Guidance To Meet Your Probate And Estate Needs In Alabama
For more information, or to schedule a consultation, please call 334-246-4697, or send an email inquiry.