Call our Birmingham Probate Lawyers today at (205) 201-1789
The Harris Firm LLC has served as probate lawyers in Birmingham since 2007, working out of our office on 1st Avenue North downtown. Probate and estate planning consultations are free by phone and $100 in person.
In short: Probate for a Birmingham resident is handled by the Jefferson County Probate Court. The court validates the will, appoints a personal representative (an executor named in the will, or an administrator if there is no will), oversees creditor claims, and supervises distribution to heirs. A solid estate plan made during your lifetime is what reduces or avoids that process.
A Jefferson County quirk: Jefferson County is one of only two Alabama counties with two courthouse divisions — the main Birmingham courthouse downtown and the Bessemer Cutoff. Where your matter is filed depends on where in the county the decedent lived, and filing in the wrong division causes delay.
What we handle: Probate of estates, wills and trusts, powers of attorney and advance directives, guardianships and conservatorships, property deeds, and adult name changes — every matter that runs through the Jefferson County Probate Court.
The biggest mistake: Waiting. Most families only call a Birmingham probate lawyer after a death, when options narrow. The single most effective step — a will, a durable power of attorney, and an advance directive — costs far less than a contested estate and is done while everyone is healthy.
Birmingham Probate & Estate Planning Services
Our Birmingham probate lawyers cover every matter that comes before the Jefferson County Probate Court, plus the estate planning that keeps families out of court in the first place. The major areas of our practice are below.
Probate of Estates
Administering a loved one’s estate from opening through final distribution to heirs.
Estate Planning
Wills, trusts, powers of attorney, and advance directives that protect your family.
Guardianships
Guardianships and conservatorships for minors and incapacitated adults.
Deeds & Name Changes
Property deeds and adult name changes recorded through probate court.
Jefferson County Probate Lawyers Who Know the Local Court
For a Birmingham resident, probate runs through the Jefferson County Probate Court — and Jefferson County is not like most Alabama counties. It is one of only two counties in the state split into two courthouse divisions: the main court at the Jefferson County Courthouse in downtown Birmingham, and the Bessemer Cutoff division serving the western part of the county. Which division handles an estate depends on where the decedent resided. Filing in the wrong division means the petition gets bounced and the family loses time at the worst possible moment. A Birmingham probate attorney who works in both divisions keeps that from happening.
Jefferson County also has one of the busiest probate dockets in Alabama, with elected probate judges and a high volume of estate, guardianship, and conservatorship filings. The probate attorneys in Birmingham at our firm appear in this court regularly, and local procedure, documentation standards, and judge preferences matter here in ways that a general overview of Alabama probate cannot capture. The broader rules — how the process works statewide, the personal representative’s duties, and the difference between testate and intestate estates — are covered in depth on our Alabama probate attorneys page; this page focuses on getting it right in Jefferson County specifically.
Property deeds and recordings for Jefferson County real estate also run through the probate court. When an estate includes a house or land, the transfer is recorded here as part of administration — one more reason local familiarity with the Jefferson County court speeds the process.
Probate of Estates in Birmingham — With or Without a Will
Probating an estate means identifying assets, notifying creditors, paying valid debts, and distributing what remains to heirs or beneficiaries. An estate can be probated whether or not the deceased left a will — the difference is who the court puts in charge and how the assets are distributed. Our Birmingham probate lawyers handle estate administration of every size, from a straightforward single-property estate to a complex administration involving business interests, multiple properties, or contested claims.
With a Will
The court validates the will and appoints the named executor as personal representative. The will controls how assets are distributed after debts are paid, subject to Alabama’s protections for surviving spouses and minor children. We help executors understand their duties and avoid personal liability for mistakes in administration.
Without a Will
When someone dies intestate, the court appoints an administrator from among the eligible heirs and distributes the estate under Alabama’s intestacy statutes — which may not match what the deceased would have wanted, and often require the administrator to post a bond. Early legal guidance helps families understand how the rules apply to their situation.
The personal representative must be at least 19, file an inventory of assets within two months of appointment, notify creditors within six months, and report to the probate court throughout. We handle the petitions, the Letters Testamentary or Letters of Administration, creditor claims, real property transfers, and the final closing. We also assist with the specialized probate matters that come up in Jefferson County — small estate administration, probate of wrongful death proceeds, and estates that include a pending injury claim.
Estate Planning, Wills & Trusts in Birmingham
The most effective way to spare your family the cost and delay of probate is to plan ahead. Most adults do not have even the basic documents in place — and without them, the court, not your family, makes the decisions. Three documents form the foundation of nearly every estate plan, and our Birmingham probate attorneys offer all three as a package through our estate planning practice.
Wills & the Core Estate Planning Documents
A last will and testament directs how your property is distributed at death and names the executor who will carry it out. A durable financial power of attorney authorizes someone you trust to manage your finances if you become incapacitated, which can prevent a court-imposed conservatorship. An advance health care directive (living will) names a proxy to make medical decisions and records your wishes on life-sustaining treatment. One reminder that catches people off guard: recently divorced clients almost always need to update their will, beneficiary designations, and powers of attorney, because a plan built around a former spouse can produce results no one intended.
Trusts & Probate Avoidance
Beyond the basics, we help clients decide whether a simple will is enough or whether a trust adds real value. A properly funded revocable living trust can pass assets to beneficiaries without probate at all — saving time, reducing cost, and keeping the transfer private. Trusts also do work a will cannot: a trust can hold and manage assets for a minor child until they are old enough to handle the money, protect an inheritance for a beneficiary who receives public benefits, or manage assets if you become incapacitated. Because Alabama has not adopted the Uniform Probate Code, the probate process here is more involved than in many states, which makes trust planning especially appealing for families with real estate or significant assets. A trust only works if it is actually funded during your lifetime, so we help you title assets into the trust correctly rather than handing you a document that holds nothing.
Our estate planning attorneys tailor each plan to your family and finances rather than handing you a fill-in-the-blank form, and we review and update existing plans as circumstances change.
Guardianships & Conservatorships in Jefferson County
When a minor or an incapacitated adult cannot manage their own affairs — because of age, disability, illness, or mental incapacity — the Jefferson County Probate Court can appoint someone to act on their behalf. These are serious legal responsibilities that require court approval, a bond in many cases, an inventory, and ongoing accountings. The process can be emotionally difficult, and having a Birmingham probate attorney guide the family ensures the right person is appointed and every obligation is met from the start. Alabama law distinguishes two separate roles, and one person can hold both.
Guardianship
A guardian makes personal and medical decisions for a minor or an incapacitated adult who cannot make those decisions for themselves. For a minor with a living parent, guardianship usually falls to the surviving parent. For an incapacitated adult, the court evaluates the proposed guardians and appoints the person best suited to serve the ward’s interests — following Alabama’s statutory priority order — not simply the first relative to step forward. Guardians must meet strict care standards and remain under court oversight.
Conservatorship
A conservator manages the financial affairs and property of someone who cannot do so themselves. A conservator may invest and manage assets, lease or acquire property, settle legal claims, handle taxes, and hire advisors — all under probate court supervision. The conservator must post a bond, file an inventory of the ward’s assets, and submit regular accountings. Courts can be forced to appoint a conservator for a minor’s inherited assets even when the family thought they had it handled, which is why planning ahead matters.
The single best way to avoid a court-imposed conservatorship is to put a durable power of attorney and a health care proxy in place while you are still able to sign them. Those documents keep financial and medical decisions inside the family instead of in front of a judge. When a guardianship or conservatorship is unavoidable, we handle the petition, the hearing, the bond, the inventory, and the ongoing reporting so nothing falls through the cracks.
Property Deeds & Adult Name Changes Through Probate Court
Two of the most common matters our Birmingham probate lawyers handle don’t involve a death at all — property deeds and adult name changes both run through the Jefferson County Probate Court’s recording and petition systems.
Property Deeds & Real Estate Transfers
Real estate is often the most significant asset in an estate or a family transfer. We prepare and record Alabama property deeds — general warranty deeds, special warranty deeds, bargain and sale deeds, and quitclaim deeds — in the probate court of the county where the property sits. The right deed depends on the transaction, the parties, and the rights being conveyed, and we help you select and execute the correct one and get it properly recorded.
Adult Name Changes
An adult name change is filed in the probate court of the county where you live — for Birmingham residents, Jefferson County. The process involves a formal petition, an Alabama residency requirement, a background check, and sometimes a hearing, and the court can deny a request it finds contrary to the public interest. Different documentation may be required depending on the circumstances. We prepare the petition correctly the first time so it isn’t held up over a missing form.
How Probate Works in Jefferson County
The administration of a typical Birmingham estate moves through these stages.
Free Phone Consultation
We discuss the estate or your planning goals, identify which probate proceedings apply, and confirm the correct Jefferson County division. Probate phone consultations are free.
Open the Estate
We petition the Jefferson County Probate Court to open the estate and appoint the personal representative — the executor named in the will, or an administrator if there is no will.
Letters & Inventory
The court issues Letters Testamentary or Letters of Administration giving the representative authority to act. An inventory of estate assets is filed within two months of appointment.
Notify Creditors
Creditors are notified within six months, and valid debts and claims against the estate are addressed before assets are distributed.
Manage & Transfer Assets
The representative manages estate assets during administration, and real property is transferred and recorded through the probate court as needed.
Distribute to Heirs
After debts and claims are resolved, remaining assets are distributed to beneficiaries under the will, or to heirs under Alabama’s intestacy laws.
Close the Estate
Once the creditor period has run and distribution is complete, we file the final accounting and close the estate with the court.
Frequently Asked Questions for Birmingham Probate Lawyers
1.Which court handles probate for Birmingham residents?
Probate for Birmingham residents is handled by the Jefferson County Probate Court. Jefferson County is one of only two Alabama counties with two courthouse divisions — the main court in downtown Birmingham and the Bessemer Cutoff division serving the western part of the county. Which division handles a given estate depends on where the decedent resided, so confirming the correct division before filing is important to avoid delay.
2.How long does probate take in Jefferson County?
It depends on the size and complexity of the estate. Simple, uncontested estates with straightforward assets move relatively quickly, but because creditors must be notified within six months of the personal representative’s appointment, an estate generally cannot be fully closed until that creditor period has run. Larger estates, those with real estate or business interests, or any contested matters can take nine months or longer.
3.What happens if someone dies without a will in Alabama?
When a person dies intestate — without a valid will — the Jefferson County Probate Court appoints an administrator, and the estate is distributed under Alabama’s intestacy statutes. A surviving spouse, children, parents, and other relatives receive shares according to a specific statutory formula that may not reflect what the deceased would have wanted. Without a will, there is no way to leave assets to unmarried partners, friends, or charities.
4.What is the difference between a guardian and a conservator in Alabama?
In Alabama, a guardian makes personal and medical decisions for a minor or incapacitated adult, while a conservator manages that person’s financial affairs and property. The same person can serve in both roles, but each carries separate duties, separate reporting to the probate court, and separate legal accountability. Both appointments require Jefferson County Probate Court approval and remain under court supervision, and a conservator must post a bond and file regular accountings.
5.Can a living trust help my family avoid probate in Alabama?
Yes. A properly funded revocable living trust is one of the most effective tools for avoiding probate. Assets held in the trust pass directly to beneficiaries at death without going through the probate court, saving time and cost and keeping the transfer private. Because Alabama has not adopted the Uniform Probate Code, its probate process is more involved than in many states, which increases the value of a trust — but the trust must be funded during your lifetime to work; an empty trust accomplishes nothing.
6.What does a Birmingham probate lawyer charge for a consultation?
Probate and estate planning consultations at The Harris Firm LLC are free by phone and $100 in person. The consultation covers your estate, planning, guardianship, or deed situation, identifies which documents or court proceedings apply, and explains the process, timeline, and your role — so you can make an informed decision before retaining the firm.
Our Offices
Talk to a Birmingham Probate Lawyer Today
Whether you are facing the probate of a loved one’s estate, planning your own, setting up a guardianship, or recording a deed, the first step is a conversation. The probate phone consultation is free, and we will tell you honestly what your situation involves.
What We Cover in Your Consultation
✓ Review your probate, estate planning, guardianship, or deed matter
✓ Identify which documents and court proceedings apply
✓ Explain the Jefferson County process, timeline, and your role
✓ Answer your questions so you can decide on next steps
Probate phone consult: FREE | In person: $100
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