The Probate Process

The Probate Process

by Attorney Richard Burton

Understandably, not everyone is familiar with the Probate Process after a loved one passes; and furthermore, it is not as simple as submitting the Last Will and Testament to the Probate Court. If that caught you off guard, then you might also fall into this category.

Review the following terms and procedures to get a little more familiar with how an Estate is properly administered and distributed.

• Administration
  When a loved one passes, the Probate Administration is the process of filing petitions into the proper court along with the Last Will and Testament and Death Certificate. An Estate Planning Attorney will need a list of all next of kin to begin drafting petitions. If a proper Will was not created during your loved one’s lifetime, then the Estate will be filed intestate and state law will warrant how to divide the Estate.
  
  
• Personal Representation
  Being the Personal Representative (PR) of an Estate means you are tasked with opening the Estate in the appropriate Probate Court, contacting various entities of interest, ensuring that the Will is carried out, and properly closing the Estate within the court’s deadline. This may seem like a daunting list which is why retaining an experienced attorney to draft documents and provide counseling along the way is extremely important.
  
  
• Will Contest
  From time-to-time, Will contests happen. It could be from beneficiaries arguing over the unfair distribution of assets or how the Personal Representative is carrying out the Probate Administration. This is a very sensitive matter for all parties involved and needs to be handled with the utmost care in accordance with current laws.
  
  
• Deeds
  A properly executed Deed transfers property from one or more owners to new owners. The transfer of real property is often one of main functions of the Probate process. However, if you deed your property while living, then the property can avoid going through the Probate process. Unfortunately, this often has negative tax consequences.

Whether you are reading this for yourself or someone you know who is tasked with being a Personal Representative of an Estate, hopefully this has given you a better understanding of the Probate Process. For further questions or concerns regarding this topic, please reach out to Attorney Richard Burton and (205) 789-9894 or visit attorneyrichardburton.com for more information.

Richard Burton is an experienced Alabama Estate Planning Attorney providing legal services in Estates, Wills and Trust Planning, Probate Administration, Guardianship and Conservatorship, Asset Protection Planning, Business Succession Planning, Federal & State Tax Planning, Charitable Giving & Private Foundations.

Richard began serving the community in the Jefferson County Probate Court as a Law Clerk for the Honorable Judge Alan King. He later founded Burton & Associates, LLC and continued to serve the public as a Probate, Estate and Tax Planning Attorney. In 2016, his practice continued to grow while merging with The Law Office of Gene M. Sellers (retired), and later Dominick Feld Hyde, PC.