Probate Attorneys in Phenix City

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 or personal representative 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 be responsible for protecting estate assets for the benefit of the creditors and the heirs. 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.

How Long Does the Probate Process Take?

The length of the probate process might vary greatly based on a number of variables. In Alabama, the probate process often takes several months to more than a year. The intricacy of the estate, the existence of a valid will, and the effectiveness of the judicial system handling the case are some of the factors affecting this timescale.

When dealing with an estate that is straightforward, has a clear will, and no disputes among heirs, the process could move quite fast. However, in the event of contested claims, a sizable estate, or the absence of a will, the duration may grow significantly. This is because additional legal action might be necessary.

Court schedules are also very important since delays can happen based on the volume of cases the local court has on hand. Hiring Benton & Benton's skilled probate attorneys in Phenix City can assist you in effectively navigating these obstacles. Protecting your interests and those of your loved ones, a skilled lawyer can help you navigate the process, thereby reducing delays and making sure everything goes as planned.

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

Serving as an executor, personal representative, or administrator is a significant 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 or administration process.
• 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. Additional responsibilities are required in an administration.

When Is Probate Required?

Probate is required in Alabama when an individual dies, leaving behind assets whose ownership needs to be transfered or when the assets are subject to the probate process. Not all assets are subject to probate. For example, many types of assets, if set up correctly in advance, 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 include:

• Real estate
• Bank accounts
• 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 straightforward manner. 

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.

Understanding the Probate Process

Probate can be a complex and overwhelming process for families dealing with the loss of a loved one. Our experienced probate attorneys at Benton & Benton are here to provide guidance and support every step of the way. We can help you navigate the probate process in Lee County and Phenix City, ensuring that all legal requirements are met and assets are distributed according to the deceased's wishes.

Our probate services include:

• Assistance with filing necessary paperwork
• Representation in probate court proceedings
• Guidance on estate administration and asset distribution
• Resolving disputes among beneficiaries

Let us ease the burden of probate and provide you with the peace of mind that comes with knowing your loved one's estate is being handled with care and expertise. Contact Benton & Benton to schedule a consultation with our probate attorneys.