If your parent died without a Last Will and Testament, can a local probate of estates lawyer probate his estate in Alabama? Possibly, but if there is a Will then there is a different, and much simpler, process than if there is not one. Whether you have a Will or not, our probate of estate attorneys can help you get the estate opened up and the appropriate person appointed as executor or administrator. 

Most people do not like to think about their own mortality. However, it is very prudent to think ahead and be prepared in order to ensure that their wishes are followed appropriately. You may also want to go ahead and take care of their funeral arrangements, but most often, people are primarily concerned with what will happen with their property and possessions once they have passed away. To do this, one can make a Last Will and Testament, which is a type of legal document that helps distribute your estate to beneficiaries upon death.

A Last Will and Testament allows the person writing it to detail their wishes. It states how they want their property distributed and it can also state whether they want their money donated to charity or given to one of their relatives. A Last Will and Testament can also designate an individual to serve as the Legal Guardian of their minor children in the event of their death. A Last Will and Testament can be legally enforceable, but what happens if someone dies without a Last Will and Testament? 

If someone dies without a Last Will and Testament, their death is referred to as intestate. When someone dies intestate, without a Last Will and Testament, their property and possessions will be distributed according to the state that the deceased individual lives in. In Alabama, the intestate succession laws state that the deceased individual’s assets will be distributed to their next of kin. This means that the Probate Court will look to see if the deceased individual had any surviving family members. 

The estate is first distributed to the surviving spouse and then any surviving children. The estate will be distributed equally between however many surviving children there are. If the deceased individual does not have a spouse or children, then their parents can inherit their assets if they are still alive. However, this does not include stepparents or stepchildren, but it does include adopted family members. 

For example, if your parent died without a Last Will and Testament, you will need to probate his estate in Alabama. Probate is the legal process of managing, distributing, and closing a deceased individual’s estate. The deceased individual’s estate includes all of the property that the deceased individual owned prior to their death. You would need to file a Petition to Probate within the Probate Court. The court will appoint someone to preside over your father’s estate. The person that the court appoints will have to notify all potential creditors that your father has passed away, and if creditors have any claim to part of your father’s estate, they will have six months to make a claim for it. After that, the estate can be closed, and all of the property can be distributed according to Alabama’s intestate succession laws.

There are various ways to probate an estate. If your estate is small there is a way to probate the estate under the Summary Distribution Laws in Alabama. This allows a small estate to be distributed in thirty days instead of taking eight months to a year or longer, depending on many factors such as will contests or other developments that can prolong the estate.

Opening an estate without a will involves posting a bond. This can add some costs to the proceeding, but your probate of estates attorney can get that information to you when the estate is filed. Opening an estate with a will should waive such bond requirements so that the estate can proceed without a bond being put up (unless there are significant amounts of property requiring a bond).

Therefore, it is important to consult with your probate of estates attorney for information about the process of getting granted the letters of testamentary in order for the administrator or executor to begin distributing and managing the estate for the family.