Probate Attorneys in Russell County

What Is Probate?

Probate is the legal process of proving a will's validity and administering a deceased individual's assets. 

Suppose you have been named as the executor, personal representative, or administrator of a will. In that case, it is your job to take the necessary steps to have the will admitted to probate and to administer the decedent’s estate per the will’s terms. 

If you have been named as an estate executor or personal representative, you will administer the estate’s assets per the law of intestate succession.

In either case, you will need to take various steps to prove the will and/or establish your authority to administer the estate. You will also need to take various steps to inventory the estate’s assets, pay the estate’s debts, and distribute the estate’s assets to the appropriate beneficiaries.

At Benton & Benton, we can help you every step of the way, from the initial filing of the petition for probate to the final distribution of the estate’s assets. We can help you avoid mistakes, and we can help you ensure that you meet all your obligations as an executor, personal representative, or administrator.

What Are the Duties and Responsibilities of an Executor, Personal Representative, or Administrator?

Serving as an executor, personal representative, or administrator is not an insignificant responsibility. In fact, it is a legally significant role that comes with a number of important duties and responsibilities.

Some of the key duties and responsibilities include:

• Filing the appropriate documents to initiate the probate process (or another form of administration).
• Taking an inventory of the estate’s assets and having them appraised.
• Notifying the estate’s creditors and paying its debts.
• Preparing and filing the estate’s final tax returns.
• Distributing the estate’s assets to the appropriate beneficiaries or heirs.

As an executor, personal representative, or administrator, you will need to make numerous important decisions and ensure you do not make any mistakes that could lead to legal liability.

When Is Probate Required?

Probate is required in Alabama and Georgia when an individual dies, leaving behind assets subject to the probate process. Not all assets are subject to probate. For example, many types of assets can be transferred directly to the decedent’s beneficiaries or heirs without going through probate.

Some examples of assets that are generally subject to probate in Alabama and Georgia include:

• Real estate
• Investment accounts
• Life insurance policies (unless they have specific beneficiaries)
• Business interests
• Personal property

When an individual dies leaving behind assets that are subject to probate, his or her executor, personal representative, or administrator will need to take the necessary steps to have the assets admitted to probate and to administer the assets in accordance with the law.

When an individual dies, leaving behind assets that are not subject to probate, his or her beneficiaries or heirs can typically transfer the assets relatively straightforwardly.

However, this is not always the case. For example, if an individual dies and leaves behind a trust, the assets in the trust will not be subject to probate. However, the individual’s trustee will still need to take the necessary steps to administer the assets in the trust, and this can be a complex process that requires the help of an experienced probate and estate administration lawyer.