Call our Montgomery Probate Attorneys today at (334) 782-9938
Our Montgomery probate attorneys help executors, administrators, heirs, and beneficiaries across Central Alabama. Probate consultations are free by phone or $100 in person — call (334) 782-9938.
In short: Probate is the court-supervised process of identifying a deceased person’s assets, paying valid debts, and distributing what remains to the heirs or beneficiaries. In Montgomery County, these matters run through the Montgomery County Probate Court.
How it works: A petition is filed with the probate court. If there is a valid will, the court appoints the named executor; if there is no will, it appoints an administrator under Alabama’s intestacy statute, Ala. Code § 43-8-40 and following. The personal representative then inventories assets, notifies creditors, pays claims, and distributes the estate.
The Alabama framework: Creditors generally have six months from the grant of letters to file claims under Ala. Code § 43-2-350. Strict deadlines apply throughout, and a personal representative who mishandles the estate can be held personally liable. Not every estate needs full probate — small estates and non-probate assets may pass another way.
Costs and fees: The Harris Firm LLC prepares simple estate-planning documents — a last will and testament, power of attorney, or advance directive — for a flat $750 each. Probate representation is quoted after we review the estate. Probate consultations are free by phone or $100 in person.
Where to Go Next
Probate Overview
How probate and estate administration work across Alabama.
Probate Attorneys →
Probate of Estates
The full estate administration process, step by step.
Probate of Estates →
Wills
Draft or update a last will and testament for a $750 flat fee.
Will Attorneys →
Guardianships
Guardianships and conservatorships in Montgomery County.
Guardianships →
Probate Attorneys in Montgomery, Alabama
The loss of a loved one brings grief and, too often, a stack of legal paperwork that has to be handled on the court’s schedule rather than your own. Probate can feel like one more burden at the worst possible time. Our probate attorneys handle that work for Montgomery County families — estate administration, probate filings, and court proceedings — so the process moves forward without falling on your shoulders alone.
Probate is the legal process used to identify a deceased person’s assets, pay outstanding debts, and distribute property to heirs or beneficiaries. In Montgomery County, these matters run through the Montgomery County Probate Court, and how the case proceeds depends heavily on whether the deceased left a valid will. When there is a will, our will attorneys help confirm it meets Alabama’s execution requirements and guide the named executor through what comes next.
Whether you are serving as an executor, personal representative, heir, or beneficiary, we provide clear guidance and steady support through a difficult time. Our focus is practical: minimize delays, avoid unnecessary disputes, and help your family move forward.
Probate Matters We Handle in Montgomery
Every estate is different. Some are straightforward; others involve disputes, creditor problems, or complicated family dynamics. Our Montgomery probate lawyers represent clients across the full range of probate matters.
Estates With or Without a Will
Whether the deceased left a valid will or died intestate, we open the estate, secure the appointment of the executor or administrator, and carry the case through to final distribution.
Executor & Administrator Representation
We advise personal representatives on their duties — inventories, creditor notices, accountings, and distributions — and protect them from the personal liability that comes with getting those steps wrong.
Intestate Estates
When there is no will, Alabama’s succession statute controls who inherits and in what shares. We identify the legal heirs and administer the estate under Ala. Code § 43-8-40 and following.
Will Contests & Disputes
Disputes over a will’s validity, an accounting, or a representative’s conduct can stall an estate. We represent clients on both sides of contested probate matters in Montgomery County.
Guardianships & Conservatorships
The Montgomery County Probate Court also handles guardianships and conservatorships for minors and incapacitated adults. We petition for appointment and advise on the ongoing reporting the court requires.
Small Estates & Summary Distribution
Alabama offers a streamlined summary-distribution procedure for smaller estates that fall under the statutory threshold. Where it applies, it resolves the estate far faster than full administration.
Administering an Estate in Montgomery County
Most Montgomery County estates follow the same core sequence. Knowing what comes next takes some of the uncertainty out of the process.
File the Petition
We file a petition to probate the will or, if there is no will, to grant letters of administration — opening the estate with the Montgomery County Probate Court.
Appoint the Personal Representative
The court appoints the executor named in the will, or an administrator under statutory priority when there is none, and issues letters authorizing them to act for the estate.
Inventory the Estate
The representative identifies and values the estate’s assets — real estate, accounts, personal property — and files the inventory the court requires.
Notify Creditors & Pay Claims
Notice is given to creditors, who generally have six months from the grant of letters to file claims. The representative reviews claims, pays valid ones, and disputes those that are not.
Account to the Court
The representative files an accounting showing what came into the estate, what was paid out, and what remains — giving the court and the beneficiaries a clear record.
Distribute & Close
Once debts, taxes, and expenses are resolved, the remaining assets are distributed to the heirs or beneficiaries and the estate is closed.
Frequently Asked Questions About Probate in Montgomery, Alabama
1.Which court handles probate cases in Montgomery County, Alabama?
The Montgomery County Probate Court handles probate matters in Montgomery County. It oversees estate administration, guardianships, conservatorships, and related proceedings under Alabama law.
2.Do all estates in Montgomery County have to go through probate?
Not all estates require formal probate. Assets held in trust, jointly owned property with survivorship rights, and accounts with named beneficiaries generally pass outside probate. Smaller estates may qualify for a streamlined summary-distribution procedure. A probate attorney can review the estate and tell you which path applies.
3.How long does probate usually take in Montgomery County?
It depends on the size of the estate and whether anyone contests it. Because Alabama gives creditors six months from the grant of letters to file claims, even a simple estate usually stays open at least that long. Uncontested estates often close within several months to a year; contested estates or those with creditor problems can take considerably longer.
4.What happens if someone dies without a will in Montgomery, Alabama?
When a person dies without a will, Alabama’s intestate succession laws under Ala. Code § 43-8-40 and following determine who inherits. The probate court appoints an administrator, and the estate passes to the surviving spouse, children, or other relatives according to statutory priority.
5.Do I need a probate attorney to handle an estate in Montgomery?
Alabama law does not always require an attorney, but probate carries strict procedural rules and firm deadlines. A probate attorney helps ensure compliance with court requirements, protects the personal representative from personal liability, and reduces the risk of costly mistakes that delay the estate.
6.How much does The Harris Firm LLC charge for probate and estate documents?
Simple estate-planning documents — a last will and testament, general or durable power of attorney, or advance health care directive — are $750 each as a flat fee. Fees for probate representation depend on the size and complexity of the estate and are quoted after we review it. Probate consultations are free by phone or $100 in person.
Ready to Talk to a Montgomery Probate Attorney?
Whether you need to open an estate, step into the role of executor, or resolve a probate dispute, our Montgomery attorneys are ready to help. We handle the legal complexity so your family can focus on what matters.
What We Cover in Your Consultation
- ✓Review the estate and determine whether formal probate is required
- ✓Explain the executor or administrator’s duties and deadlines
- ✓Identify creditor, tax, and distribution issues before they cause delay
- ✓Give you a clear picture of timeline and fees for your situation
Probate Consultation — Free by Phone / $100 In Person
Serving Montgomery, Pike Road, Hope Hull, and Central Alabama.
Montgomery — (334) 782-9938
Birmingham — (205) 201-1789
Chelsea — (205) 677-5490
Huntsville — (256) 665-9473
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