Probate Law: Alabama

    
      Topic: 
        Home
      
           Probate Law
        
  Location: US

            Alabama
          
  Alabama Probate Law       
    
    Avoid Probate
    Small Estates
    
    Estate Tax
    Probate Court
  
        Birmingham, Alabama 35201    
 @
    
    Six Things Alabama Residents Need to Know About Probate and Inheritance Law
What Brings You Here?Welcome to the fastest and easiest way to learn about Inheritance Law in Alabama.
Whether you’re:
a beneficiary of a pay-on-death financial account, or a Transfer on Death Deed for a vehicle or real estate, looking to claim the property,
an inheritor named as an executor or trustee in a loved one’s will or living trust and you need to know how the probate process works, or
you’re planning ahead now, to make it easy on your loved ones later to get access to your property after you die,
This site will provide you with tips, tools, and checklists that you can use in Alabama to transfer property at death as quickly and affordably as possible. 
What You Need To Know About Alabama Inheritance LawHere are six things to keep in mind about probate and transferring property at death:
1. Much of your property never goes through probate or your willYou may not realize that, if your bank accounts or other accounts have a named beneficiary on file with the financial institution, that account will never pass through your will and will bypass the probate process. 
Many estates can avoid probate altogether, because assets will go to named beneficiaries because they are held as pay-on-death or  joint tenancy accounts, or in retirement accounts with a named beneficiary or life insurance, or the assets were held in a living trust, and whatever is left is small enough to fall under a state's small estates limit.
Property That Avoids Probate in AlabamaIf you are a beneficiary or a joint owner "with right of survivorship" (WROS), you can typically claim the asset by dealing with the financial institution directly, and provide them with a death certificate and proof of your identity as a beneficiary.
Retirement Accounts: How to inherit an IRAs and other retirement accounts in Alabama.
Life Insurance: How to inherit life insurance.
Joint Tenancy w/Right of Survivorship (JTWROS): How to inherit joint tenancy property.
Pay on Death and Transfer-on-Death Financial Accounts (POD) & (TOD): How to inherit payable-on-death or transfer on accounts in Alabama.
Transfer-on-Death Deeds (TODDs): TODDs are a low cost alternative to a living trust as a simple way to transfer real estate at death without probate, the same way you would a financial account. Learn if transfer-on-death deeds are avaialble in Alabama. 
Living Trusts: Property held by a living trust does not pass through probate, but only if property ownership was correctly transferred to the living trust once it was set up. 
2. Probate is governed by state law and is handled by the county court where the deceased person resided or owned propertyHow Probate Works in Alabama: Get an overview of how probate works, and whether your estate may be able to bypass the procedure entirely.
If you haven't done so already, make sure you enter the zip code or at least select the state and county of residence for the person who died, to learn about the probate law and probate court procedure for that state and county.
Helpful LinksAlabama Probate Court Website
Alabama Probate Forms
Alabama Probate Self-Help Materials
PROBATE COURT
Alabama Probate Court Finder: Get details about Your County probate court. 
(You are currently looking at information for Alabama. Click here for information about Probate Court for Your County.)
If the Deceased Owned Property In More Than One StateIf the deceased person owned property in more than one state, "ancillary probate" proceedings may be required in those other states, depending on how the property was owned. These extra hurdles can be avoided by some simple planning ahead.
3. Simplified Alabama Probate Procedures May Be Available to Transfer Property QuicklyFor property that did not have a beneficiary designation or was not in a living trust, there may be "simplified probate" procedures or "small estate affidavit" procedures in Alabama for transferring certain kinds of property at death, which can avoid the cost and time of a full-blown court-supervised probate proceeding.
SHORTCUTS:
Small Estate Procedures in Alabama: Many states allow simplified procedures for small estates and certain kinds of property which can be transferred by a simple affidavit procedure if the value of the estate falls under a certain limit.
Property Transfer Affidavits: Most states have quick procedures for transferring property valued less than a certain amount, if all the heirs agree.
In Alabama, you can't use the Affidavit procedure that's available in some states. Instead, if the estate's value doesn't exceed $34,611, you can use Alabama's summary probate procedure after waiting 30 days. The $34,611 limit only applies to estates without real property. This limit is adjusted annually for inflation, pursuant toAla. Code §43-2-692(b)(1),
For 2010 $25,410
For 2011 $25,791
For 2012 $26,616
For 2013 $27,175
For 2014 $27,583
For 2015 $28,024
For 2016 $28,052
For 2017 $28,417
For 2018 $29,014
For 2019 $29,710
For 2020 $30,245
For 2021 $30,608
For 2022 $32,047
For 2023 $34,611
Ala. Code 43-2-690.
Need Professional Help? Talk to a Probate AttorneyWant help handling your duties as an executor of a Alabama estate? Connect with a Alabama probate lawyer from the Nolo/Martindale network.
4. Even if there's no will, someone needs to start the probate process when someone diesRegardless of the size of the estate, someone needs to start the probate process within a certain period after someone dies. If you were named the executor in the will, you are that person.
If there is no will, or no executor was named in the will, the court will appoint someone to be responsible for filing the necessary documents to complete the process of paying debts and taxes and funeral expenses from the estate and distributing property to beneficiaries.
If you are a beneficiary of a small estate, you may be able to claim your inheritance with a simple affidavit. (If there is no will, ;beneficiaries are determined by the "intestate succession" laws in the state where the person is a resident.)
Wills & IntestacyWills: What are they? Do I need one? What if someone dies without one?
Naming an executor.
Appointing guardians and property managers for minor children
Specifying how debts should be paid

No Will? Who Inherits if a Spouse or Parent Dies Without a Will in Alabama

5. Death & Taxes: Most estates do not need to file an estate tax return, but there are other kinds of year-end taxes to be paid when someone diesUnless an estate is worth more than $13,610,000, it will not need to file a Federal estate tax return.
What taxes need to paid when someone dies?
Alabama Estate Tax: Whether or not Alabama has an inheritance or estate tax
Alabama, like most states, does not impose an estate or inheritance tax. Only a few states do.

Tax ID Number: How to get a federal tax identification number for an estate or trust
Which Taxes Need Filing? What taxes need to be filed after someone has died
Capital Gains: One way the rich get richer is the so-called "stepped-up basis" on inherited property. Learn how capital gains are calculated on inherited property.
Advertisement

6. Creditors and taxes must be paid before you can inherit assetsThe estate always must pay taxes before any other creditors can get paid. 
Debts that are secured by property, like mortages, are called secured debts, because if someone doesn't pay the loan, the lender can take the property. If you inherit a house, you also inherit the mortgage.
Unsecured debts, like credit cards, don't work that way -- as a beneficiary you are not responsible for that debt,
But the estate needs to pay all known creditors before distributing property to beneficiaries and heirs. Otherwise, a creditor can come calling to get paid back from estate assets, even after they've been distributed.
Most states have some sort of protection from creditors in the form of a “family allowance” and/or a homestead exemption. 

Get a Case Evaluation From a Local Probate Lawyer

Serving Birmingham, Alabama.
Ads by Nolo/Martindale Attorney Network
Click Here or Call (855) 324-7891 to Connect With Probate Lawyers serving Birmingham, Alabama

    Probate Law  ▼
    
                What Is a Will?            
              				What Is a Will?
A will is a legal document in which a person, the testator, states his or her wishes for the distribution of property at death. If the person has young children, the will usually also nominates guardians for them--someone who would raise the children if the parents couldn't. A will also names an executor, also called a personal representative, who is the person who will settle the estate, and, if a probate is necessary, be appointed as the legal representative of the estate until it is distributed to the will's beneficiaries.
A will doens't need a lot of magic words to be valid. But the person making the will must:
understand what he or she is doing (this is called legal capacity)
identify himself or herself
name beneficiaries for his or her property, and
sign the will in front of witnesses, according to state law.
Some states allow a person to handwrite a will (this is called a holographic will), but it's better to type one out. That way, it's easier to see if someone else has tried to change the will.
Where Are Wills Stored?If you want to find the will of soemone who has died, where should you look? There's no official place for people to store their wills, and there's no state registry to store your will before you die. Most people store their wills with their other important papers, sometimes in a safe deposit box, sometimes in a fireproof safe or cabinet in their homes, sometimes just in a box with other important papers.
Ideally, you want to find the original, signed will, not a copy. If all you can find is a copy, you can submit that to the probate court and explain to the court that you couldn't locate the original. If no one else comes forward with an original will for that person, and no other evidence can be found that another will was created, the court may accept a copy of a will.
If, after a thorough search, no one can find a will at all, you'll have to conclude that there is no will. In that case, the person's estate will be subject to the state's rules about how inherits when there is no will. 
When a person dies and leaves behind a will, whoever has possession of the will is supposed to submit it to the probate court in the county where that person died. This is sometimes called "lodging" the will. Once lodged, the will becomes a public record, to be read by anyone who's interested in what it says. Here's a link to your state's probate courts.
Even though the law requires that a will be submitted to the local probate court, there are really no actual penalties for not doing so, especially if the estate is too small for probate to be required. If an estate does have to go through probate, though, filing the will is the first step in getting that process started.
How to Read a WillIt's not like the movies. Hardly any families have a meeting with a lawyer to read the will aloud. Instead, reading a will is like reading any legal document--take it slow, look up words that you do not know, and focus on what the document actually says, as opposed to what you wish it would say. When you are reading a will, here's what you need to find out:
Who is named as the executor or personal representative? This is the person who is in charge of settling the estate.
Who are the beneficiaries? These are the people who inherit the property.
Is there a survival requirement? Most wills require that beneficiaries must survive the deceased person by a certain period of time, often five or 30 days, before they can inherit.
Are there any special conditions that need to be met before the estate can be distributed? Does the will require, for example, that the will-maker's son enroll in a college degree program before he can receive his share of the property?
Was the will properly signed? You need to make sure that the will was properly signed in front of witnesses, meeting the state's requirements. 
Are there any codicils to the will? A codicil is a separate document, signed later, that changes some of the terms of the will.
How to Settle an Estate When There's a WillIf the value of a person's estate is above a certain limit, called a "small estates limit," their estate must go through a probate proceeding before assets can be distributed to the people who inherit the assets. This is true whether or not there is a will.
Probate is a process that takes place in court. The purpose of probate is to make sure that a deceased person's wishes are respected and that their property is distributed as directed by their will. The person named in the will as the executor, or personal representative, is appointed by the court. After that, the executor is in charge of protecting the estate's assets, identifying and valuing them, paying the debts and expenses of the deceased person, and, in the end, distributing the assets as directed by the will.
If a person left a will, but dies with a small estate, as determined by each state, the estate does not need to go through a formal probate proceeding. Instead, the executor or personal representative can file some simple paperwork and then pay the last bills and expenses, identify the property, and distribute it to the beneficiaries. (Each state's process is a little different.)
When a person dies without a will, or if the will cannot be found, then the estate will be distributed to their heirs, as determined by state law. These laws are called intestacy statutes. For example, in most states, if a person dies and leaves behind no spouse but two living children, those children would inherit the estate, in equal shares.

                What is a Living Trust?            
              				What is a Living Trust?
A living trust is a legal document that holds property transferred by someone, called the Grantor, for the benefit of someone, called the beneficiary, that will be managed by someone, called the Trustee. The Grantor, beneficiary, and Trustee of a typical living trust are all the same people because the primary purpose of a living trust is to manage a person's assets for them during their lifetime, and allow them to pass that property to their surviving spouse, or children, without having to go through a court-supervised process, called probate.
During the Grantor's lifetime, the assets held in the living trust, often their house, their investment accounts and their larger bank accounts, can be used for that person's benefit in exactly the same way that the person was able to use those assets before they were placed in the trust. But, at their death, the trust agreement will dictate what happens next, distributing the trust's property as directed by the document.
Because the assets that have been transferred into the trust are legally owned by the trust (and not by the person who contributed those assets), the Grantor's estate will not have to go through probate because it will fall under a state's small estates limit, if their biggest assets are held in the trust and only a few, small assets are held in their individual names. Just having a living trust, though, isn't going to prevent a probate if the Grantor forgot to actually put their biggest assets (house, brokerage accounts, and so on) into the trust. It's entirely possible for someone to create a trust, ignore it for the next thirty years, and die with all of the major assets held in their own names, and not in the name of the trust. In that case, a probate will be required before any of that person's assets can be distributed to their beneficiaries.
For example, if a person whose home, brokerage account, and savings account had been transferred into their living trust, dies, only those assets that they held in their own, individual name would count towards their state's small estates limit for probate. If all that they owned outside of the trust consisted of their car, with a Blue Book value of $3000, a checking account with $ 4,000, and their household possessions, their estate would not be subject to probate and could be distributed to their beneficiaries without a court order and without the cost and delay of probate. However, if that same person never transferred their home, their brokerage account or that savings account into the trust, all of those assets would have to go through probate before they could be transferred to the trust's beneficiaries.
Is a Trust Registered or Stored Somewhere?After someone dies, the family needs to locate that person's estate planning documents. Much to many peoples' surprise, there's no official state registry for this kind of thing where people send in their important documents before they die. Instead, people keep their Wills and trusts in safe places -- sometimes in a safe deposit box at the bank, sometimes in a fireproof safe or cabinet at home, and sometimes just in a special box or drawer at home. 
If you are not certain where such documents are located, you just have to keep looking until you find them.  If you can't find them, you may finally conclude that they just don't exist. If that's the case, then the person will have died intestate, which means that state law determines who inherits their property. 
If you're not certain whether or not such documents exist, then you've got more of a detective project on your hands.  There's no external thing you can find that will tell you for certain that a Will exists--you either find one or you don't.  But in the case of a living trust, your clue to the existence of a trust will be account statements or property deeds that show the ownership of the account to be something like this, "Nila Smatherton, as Trustee of the Nila Smatherton Trust." If you find assets that are held by a trust, you'll need to locate the trust document to be able to transfer them. If you do find the trust document, your next step is to read it. If you ultimately cannot find the trust document, you'll need to work with a local estate planning attorney to transfer the assets via a court order. Here's a link to your local probate court.
What to Look For When Reading the TrustHere's what you need to figure out when reading a trust:
Who is named to serve as successor Trustee? This is the person with the legal responsibility to distribute the trust's assets as directed by the trust document.
Who are the trust beneficiaries? These are the people who will receive the trust's assets.
How are the beneficiaries supposed to receive their assets? Often, trusts will distribute assets to adult beneficiaries "outright and free of trust", which is lawyer-speak for giving those assets directly to them, with no strings attached. Children, or adults with special needs or issues managing money, will often be given assets to be held in trust to a certain age (like 30) or, perhaps, for their entire lifetimes.
What assets are owned by the trust? As asset has to legally transferred to a trust for that trust to be its legal owner. To determine what the trust owns, you'll be looking for deeds and account statements that show ownership like this, "John Doe, as Trustee of the John Doe Family Trust."
Was the Trust signed and notarized? An unsigned trust, or one that wasn't properly notarized is not legally valid.
Are there any Trust Amendments? A trust amendment changes a section of a previously signed trust.
Trust AdministrationTo settle an estate that's held in a living trust, there are a series of steps that the Trustee will need to take. The beneficiaries and heirs will need to be notified of the death of the Grantor; the trust's assets will need to be identified and valued, the decedent's debts and expenses will have to be paid, the trust will need a tax identification number, a trust tax return may need to be filed, and, in the end, the trust's assets will need to be distributed to the beneficiaries.
 
                Executor, Trustee: What's the Difference?            
              				Executor, Trustee: What's the Difference?
An executor is the person either appointed by the court, or nominated in someone's Will, to take care of the deceased person's financial affairs. In some states, this person is called the personal representative.  
If there's a probate court proceeding, the court officially appoint someone--usually, the personnamed in the deceased person's sill--as executor. The court gives the executor a document granting authority to administer the estate, which is called letters testamentary in most states.  
If there's no probate proceeding (because the estate is too small to require one), then the person named as executor still takes care of things, but doesn't have official authority from the court. If required, the executor can provide a copy of the deceased person's will and a document stating that there is no probate pending in the state. Click here to read about the small estates procedure in alate.
Here are the sort of things an executor does:
Secure and organize the deceased person's property, including a house and furnishings.
Make an inventory of what's in the estate.
Value the assets in the estate.
File the deceased person's last tax returns (and any back taxes)
Pay the deceased person's remaining bills.
If there's a probate, work with the estate's attorney to give the court the information it requires.
Ultimately, distribute the estate's property to the beneficiaries or heirs.
A trustee is the manager of the property held in a trust. The successor trustee is the person named in the trust document to take over the job of managing the trust after the person who established it, the grantor, dies or is unable to continue as trustee.
Here are the sort of things a trustee does:
Identify and gather all of the trust's assets.
Appraise or otherwise value the trust's assets.
Notify heirs and beneficiaries as required by state law.
Pay the trust's bills.
Get a tax identification number for the trust.
File the trust's tax returns, if required.
Ultimately, distribute the assets held in trust to the trust's beneficiaries.
Often, the trustee and the executor are the same person. But that doesn't mean there's no difference in their jobs. In practice, it boils down to this: If an asset is held outside of a trust, in the decedent's individual name, then the executor is in charge of it.  If an asset is held in trust, then the trustee's in charge.
For example, if the Kate S. owned a brokerage account and transferred it to the trust before she died, the  account's official legal owner would be "Kate S., as Trustee of the S Family Trust."  After Kate's death, the successor trustee would be able to continue managing that account after giving the company a copy of Kate's death certificate and a copy of the trust document. But if Kate had never transferred that account into her trust, and it was owned in her name alone, it would be the executor's job to deal with that account, not the trustee's.

                How to Order Certified Copies of a Death Certificate            
              				How to Order Certified Copies of a Death Certificate
After someone dies, certified death certificates become necessary and useful documents. You will need them, for example, to record the deeds necessary to change title to real property, to claim life insurance, to file estate tax returns, and to claim pensions or any other benefit available as a result of that person's death. This makes perfect sense, since the companies holding these assets do not want to distribute them unless they are certain that the decedent has actually died.
The funeral home that prepares a body for burial or cremation will usually order copies, and they'll ask you how many you need. For most estates, 5-10 copies is plenty.
But if you need more as the process of administering a trust or estate goes on, you can order more yourself by contacting the state or county's vital records office. Usually, the county office can provide you with the certificates more quickly than the state's office can. You'll want to contact the office in the county where the person died.
Different states call this office different things; in Texas, it's called the "local registrar"; in California, it's called the County Recorder's offfice. The cost to receive certified copies varies by state, and sometimes, by county. In Texas, the cost is $20 for the first copy and 3$ for each additional copy. In California the cost is $21 per copy. Many states require you to be an authorized individual, usually to a family member, funeral home director, a person authorized to receive a death certificate as a result of a court order, an executor, or an attorney to order certified death certificates, to avoid fraud.
Click here for a link to a website that shows you how to apply to each state's office.
Once you find the proper office, you'll probably need the following information to request a certified copy of death certificate:
Name of deceased
Date of death
City and county of death
Last address

                What's the Difference between Real and Personal Property?            
              				What's the Difference between Real and Personal Property?
Many states make a distinction between personal property and real property when they set out the rules for which estates are small enough for either an Affidavit procedure or a summary probate procedure. What's the difference?
Personal property means things that people own that are moveable, as in not fixed to the land. Examples are: cash, stocks, bonds, cars, vehicles, clothes, furniture and furnishings.
Real property means things that are land and things affixed to the land. Examples are: houses, and other buildings, as well as the property underneath them and the rights associated with the land, like water, mineral, and other rights.

                What States Recognize Common Law Marriages?            
              				What States Recognize Common Law Marriages?
Some states permit "common law" marriages. These states recognize a legal relationship between two people who lived together as if they were married, and held themselves out to the world as if they were married, but never legally were married under that state's laws. This can be relevant when a person dies without a Will, if their surviving partner wants to inherit as that person's spouse under state law, but doesn't have a marriage license.
Here are the states that recognize common law marriages now, or did in the past and still will honor such marriage if a relationship began before such common law marriages were abolished by state law:
States With Common Law MarriageColorado: Common law marriage contracted on or after Sept. 1, 2006, is valid if, at the time the marriage was entered into, both parties are 18 years or older, and the marriage is not prohibited by other law (Colo. Stat. §14-2-109.5)
Iowa: Common law marriage for purposes of the Support of Dependents Chapter (Iowa Code §252A.3) Otherwise it is not explicitly prohibited (Iowa Code §595.1A)
Kansas: Common law marriage will be recognized if the parties are 18 or older and for purposes of the Divorce and Maintenance Article, proof of common law marriage is allowed as evidence of marriage of the parties (Kan. Stat. §23-2502; Kan. Stat. §23-2714)
Montana: Not strictly prohibited, they are not invalidated by the Marriage Chapter (Mont. Stat. §40-1-403)
New Hampshire: Common Law Marriage: "persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married." (N.H. Stat. §457:39)
South Carolina: allows for marriages without a valid license (S.C. Stat. §20-1-360)
Texas: Common Law Marriage in specific circumstances (Tex. Family Law §1.101; Tex. Family Law §2.401-2.402)
Utah: Utah Stat. §30-1-4.5
Not all state statutes expressly allow for common law marriages. In Rhode Island, case law recognizes common law marriages. Oklahoma's statute requires couples to get a marriage license; however case law has upheld common law marriages in the state.
States Previously Allowing Common Law Marriage States that did allow, and will still recognize as valid, common law marriages entered into prior to the date it was abolished.
Pennsylvania: No common law contracted after Jan. 1, 2005 (Pa. Cons. Stat. Ann. tit. 23, § 1103)
Ohio: No common law if entered into on or after Oct. 10, 1991 (Ohio Stat § 3105.12)
Indiana: No common law if entered into after Jan. 1, 1958 (Ind. Code §31-11-8-5)
Georgia: No common law after Jan. 1, 1997, however, common law marriages entered into prior to that date will be recognized by the state. (Ga. Stat. § 19-3-1.1)
Florida: No common law entered into after Jan. 1, 1968 (Fla. Stat. § 741.211)
Alabama: No common law after Jan. 1, 2017, however, common law marriages entered into prior to that date will be recognized by the state. (Ala. Code § 30-1-20)
Source: National Conference of State Legislatures: Common Law Marriage by State

                Do I Need to Hire a Probate or Trust Attorney in Alabama            
              				Do I Need to Hire a Probate or Trust Attorney in Alabama
If you are settling either a probate estate or administering a living trust in Alabama, you may want to hire an attorney to advise you during the process. Even in an estate that's simple and in which everyone gets along, it is still, for most people, an unfamiliar process. Having an experienced professional to help steer you right is worth it, often. 
For one thing, it's helpful to work with someone who has done it before. There's nothing like having the benefit of hindsight at the beginning -- knowing before you start what's likely to go wrong along the way can prevent you from making simple, and common mistakes, such as not keeping good enough records, not gathering and identifying estate assets properly, or not communicating appropriately with beneficiaries and heirs.
For another, if you are the nominated executor or Trustee, you can incur personal liability if you fail to pay debts or taxes, or if a beneficiary feels that you've acted unethically or unfairly, so it is a good idea to hire an attorney to represent you and inform you of your duties and liabilities along the way.
Lastly, if you do end up opening a probate, or being sued by a beneficiary or heir, you'll appreciate a professional to represent you, file documents, and generally have your back.
Most trust and estates attorneys will charge for their time by the hour. In some states, probate fees are a percentage of the value of the estate being probated, in others, lawyers charge an hourly fee. Make sure that you understand how you will be charged and when you are expected to pay. If you are asked to pay a retainer up front, make sure you understand what that retainer covers and when/if you'll be expected to pay more.
What Probate Lawyers DoIf you need to open a probate proceeding in Alabama, you either need to represent yourself or hire an attorney. An experienced probate attorney can help you with the following parts of the process:
Reading the Will and explaining what it means.
Filing the required court forms to begin the process and have an executor appointed.
Getting a tax identification number for the estate.
Notifying the estate's creditors.
Identifying and valuing the estate's assets.
Preparing an inventory that will be filed with the court.
Filing a Petition for Final Distribution when the probate is to close.
Drafing a Court Order distributing the estate's assets to the heirs.
What Trust Administration Lawyers Do If you are the Trustee of a living trust, you are probably not going to have a file anything in court. But, even so, an experienced trust administration attorney can help you with the following things:
Telling you what the trust says.
Preparing and sending out required notices to beneficiaries and heirs.
Assisting you in identifying, safeguarding, and collecting the trust's assets.
Getting a tax ID number for the trust.
Helping you establish a good record-keeping system.
Helping you properly value the trust's assets.
Advising you how how to communicate with the trust's beneficiaries.
Assisting you in the distribution of the trust.
What Makes an Attorney a Good Fit for You?Like any other professional that you might hire, finding a good lawyer is part networking, part commonsense, and, sometimes, part luck.
A good place to start is to ask friends, family, and people you know from work, or church (or mosque) if they can recommend someone who they've worked with in the past. You are looking for someone with at least 5-10 years of experience doing probate or trust administration work.
Probate and trust work is highly specialized, so don't hire a generalist, or a corporate lawyer who is interested in gaining experience (on your dime). Look for someone who just does work on trusts and estates. Ask them how many years they've specialized in trusts and estates law and how many cases they've filed in probate court, or how many trusts they have helped administer.
Probate and trust work is also highly regional -- an experienced attorney who knows the probate court in your area will be able to work more effectively with the judges and lawyers in that courthouse. Also, a local probate or trust attorney will know that court's local rules, and that can save you time and money as your case goes through probate. Local rules can be a real headache for out of town lawyers, who don't know exactly how a particular judge expects papers to be filed or arguments to be presented.
Finally, trust your gut. Settling an estate can take 6 months to a year. Find someone that you trust and that you feel that you can work with easily. Do they answer your questions? Do they answer your phone calls? Are they careful? Do they have the social skills needed to appease annoyed, or angry, beneficiaries? Can they explain the relevant law in a way that doesn't make you feel stupid? Do you understand how you are being charged and what you are paying for? All of these things matter. There are lots of lawyers out there. Don't settle for someone who is careless, arrogant, condescending, or too busy to give you the attention that you deserve.
If you're going to pay for a probate or trust administration lawyer, make sure you get a good one. Just because someone is a lawyer does not mean they are knowledgeable about probate law. Do your homework before you hire someone.
 
    Avoid Probate
    Small Estates
    
    Estate Tax
    Probate Court
  
        Alabama

      Probate Law by Zip Code 
    
    FAQ

    Basics  

      Six Things Alabama Residents Need to Know About Probate and Inheritance Law  
    
      Who Manages Property Inherited by Children in Alabama?  
    
      Executor, Trustee: What's the Difference?  
    
      How to Order Certified Copies of a Death Certificate  
    
      What is a Custodial Account?  
    
    Avoid Probate

    Assets that Bypass Probate  

      Transfer on Death Deeds (TODDs): Are They Allowed in Alabama?  
    
      8 Ways to Legally Avoid Probate In Alabama  
    
      How to Inherit Life Insurance in Alabama  
    
      How to Inherit Retirement Assets in Alabama  
    
      Special Options for Surviving Spouses Who Inherit Retirement Accounts  
    
      How to Inherit Joint Tenancy Property in Alabama  
    
      Forms for Avoiding Probate in Alabama  
    
      How to Inherit Payable on Death (TOD) Accounts in Alabama  
    
      What is a Living Trust?  
    
      The Different Varieties of Life Insurance  
    
    Probate

    Alabama Probate Procedure  

      How Alabama Probate Courts Work  
    
      How Probate Works in Alabama  
    
      How to Probate a Small Estate in Alabama  
    
    Taxes

    Death & Taxes  

      Does Alabama Collect Estate or Inheritance Tax?  
    
      How to Get a Tax ID Number for a Trust or Estate in Alabama  
    
      What Alabama Residents Need To Know About Federal Capital Gains Taxes   
    
      What Alabama residents need to know about state capital gains taxes  
    
      What Taxes Need to Be Filed After Someone Dies?  
    
      What's New for 2023 for Federal and State Estate, Inheritance, and Gift Tax Law  
    
    Intestate

    Wills & Intestacy  

      Who Inherits When Your Spouse or Parent Dies Without a Will in Alabama?  
    
      What Is a Will?  
    
    Debts

    Debts  

      What Rights Do Creditors Have?  
    
      What is Homestead and Exempt Property and What's a Family Allowance?   
    
    Lawyers

    Getting Help  

      How to Find an Inheritance & Probate Lawyer in Alabama  
    
      Ten Ways an Inheritance & Probate Lawyer Can Help You  
    
      How To Use ChatGPT (and Other AI Tools) to Navigate the Probate Process in Alabama  
    
      Do I Need to Hire a Probate or Trust Attorney in Alabama  
    
Alabama Probate Law ResourcesAlabama Probate CourtsLearn about the self-help resources available to you at Alabama Probate Court.

    Web Resources for Probate Law
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      
            Directory by State for Ordering Death Certificates            
                          
              www.cdc.gov            
          Table listing where to order death certificates and other vital records in each state.

            Directory          

            State Departments of Motor Vehicles            
                          
              dmv.nv.gov            
          This is a map with links to each state's department of motor vehicles.

            Directory          

            County Property Recorders Directory for Alabama (Deeds.com)            
                          
              www.deeds.com            
          
            Directory          

            Eldercare Locator: Elder Rights            
                          
              eldercare.acl.gov            
          Welcome to the Eldercare Locator, a public service of the Administration for Community Living connecting you to services for older adults and their families. You can also reach us at 1-800-677-1116.

            Directory          

            PensionHelp.org - Resources            
                          
              www.pensionhelp.org            
          In addition to the resources provided through PensionHelp America, the government agencies and resources listed below may provide assistance to individuals who have experience problems with issues related to pension issues.

Private-Sector Pensions
Railroad Retirement Pensions
Federal Civil Service Pensions
Pension Counseling and Information Program
National Pension Lawyers Network
Pension Assistance List
Seniors and Aging
Social Security
Medicare and Medicaid
Veteransâ€™ Benefits
Elder Legal Services
Employment Law
Organized Labor
BenefitsCheckUp
Financial Planning
Retirement Calculators

            Directory          

            How Financial Aid Counts Custodial Accounts            
                          
              finaid.org            
          Read this short article to find out how custodial accounts are counted for financial aid calculations.

            FAQ          

            IRS Estate and Gift Tax Update            
                          
              www.irs.gov            
          
            FAQ          

            IRS Publication 590-B (2021), Distributions from Individual Retirement Arrangements (IRAs)            
                          
              www.irs.gov            
          
            FAQ          

            IRS Instructions for Inherited IRAs            
                          
              www.irs.gov            
          IRS guidance on what you need to do if youâ€™ve inherited an IRA.

            FAQ          

            Naming a TOD Beneficiary for Your Car (Nolo)            
                          
              www.nolo.com            
          If your state allows it, consider naming a transfer-on-death (TOD) beneficiary for your vehicles. Here's Nolo's summary of how the process works.

            FAQ          

            How a New Owner Claims Transfer on Death Real Estate (Nolo)            
                          
              www.nolo.com            
          Nolo's take on how a new owner takes ownership of a TOD deed after the owner has died.

            FAQ          

            Transfer-on-Death Deeds: An Overview            
                          
              www.nolo.com            
          Nolo's overview of how TODDs work.

            FAQ          

            eForms: Small Estate Affidavit for Alabama            
                          
              eforms.com            
          eForms offers outstanding tools for those looking to handle their own inheritance law matters. They provide fill-in the blank small estate affidavit templates to generate official PDF forms for every state, and provide helpful video tutorials explaining how to use the forms in accordance with Alabama law.

            Forms          

            eForms Transfer on Death Deeds            
                          
              eforms.com            
          Transfer on death deeds are available in 30 states.

            Forms          

            Transfer on Death Deed Form            
                          
              eforms.com            
          Offers electronic versions of state-specific TOD forms for 30 states.

            Forms          

            IRS website            
                          
              www            
          The IRS website has the forms and information that you need to get a tax identification number (EIN) for an estate or trust.

            Governement          

            Alabama Probate Court Finder ("Probate Court")             
                          
              judicial.alabama.gov            
          Probate is handed by the "Probate Court" in Alabama. Use this link to find the Probate Court in Jefferson County or any Alabama county.

            Government          

            FAQs for IRA Withdrawals from IRS            
                          
              www.irs.gov            
          Summary of the IRA withdrawal options and tax consequences from the IRS.

            Government          

            IRS information on taxes to file after a death            
                          
              www.irs.gov            
          IRS summary of taxes that need to be filed after a death with links to tax forms.

            Government          

            How to Obtain a Death Certificate In Alabama            
                          
              www.cdc.gov            
          The Center For Disease Control maintains these helpful pages for people looking for vial records,

            Government          

            WillMaker Manual on Transfer on Death Deeds            
                          
              www.willmaker.com            
          The legal manual for Nolo's WillMaker is available for free online and contains lots of useful up-to-date information about transfer on death deeds in the in the states that allow them.

            Information          

            Pension Rights Center            
                          
              pensionrights.org            
          The Pension Rights Center is here to help.
If you have a question about a pension, 401(k), or other retirement plan, a pension counseling project may be able to provide you with free legal assistance. Not located within a pension counseling projectâ€™s service area?

Our PensionHelp America website can refer you to a government agency, legal services or other nonprofit organization that can advise you, or we may be able to find you an attorney through our National Pension Lawyers Network.

            Information          

            Map showing state inheritance tax rates            
                          
              www.legalconsumer.com            
          
            Map          

            Map showing combined state and federal capital gains tax rates by state            
                          
              taxfoundation.org            
          Table showing combined state and federal capital gains tax rates for each state.

            Map          

            Department of Veterans Affairs Search Tool for Unclaimed Life Insurance Policies            
                          
              www.insurance.va.gov            
          
            Search Tool          

            OnlineSearches.com Public Land Records Searching for Alabama            
                          
              www.publicrecords.onlinesearches.com            
          
            Search Tool          

            When custodial accounts terminate in each state            
                          
              www.finaid.org            
          Click here for a table that shows the age of termination for custodial accounts in each state.

            Table          

            Summary of Alabama's Intestate Succession Laws            
                          
              www.nolo.com            
          A summary of how intestate succession laws work in Alabama.

            Table          

            The Complete List of States with Estate Taxes (Updated for 2024)            
                          
              www.jrcinsurancegroup.com            
          Excellent resource for estate tax information at the state level.

            Table          

            VIDEO: Are you obligated to pay your deceased spouse's credit cards?            
                          
              youtu.be            
          This discussion gives you an excellent understanding of how probate works with unsecured debts like credit cards. 

            Video          

            The problem with Ladybird Deeds            
                          
              youtu.be            
          Discusses issues that can happen with Ladybird Deeds, and pay on death deeds generally, involving refinancing and other issues. Some concerns are valid, but others are remote or solvable, or involve cases with multiple owners or beneficiaries. TOD and ladybird deeds are ideal when t

            Video          

            Capital Gains Tax Rate Calculator            
                          
              www.moneychimp.com            
          Use this calculator to figure out how much state and federal capital gains taxes would be due upon sale.

            zCalculator          

ADVERTISEMENT -
Six Things Alabama Residents Need to Know About Probate and Inheritance Law

What Brings You Here?

What You Need To Know About Alabama Inheritance Law

1. Much of your property never goes through probate or your will

Property That Avoids Probate in Alabama

2. Probate is governed by state law and is handled by the county court where the deceased person resided or owned property

Helpful Links

If the Deceased Owned Property In More Than One State

3. Simplified Alabama Probate Procedures May Be Available to Transfer Property Quickly

Need Professional Help? Talk to a Probate Attorney

4. Even if there's no will, someone needs to start the probate process when someone dies

Wills & Intestacy

5. Death & Taxes: Most estates do not need to file an estate tax return, but there are other kinds of year-end taxes to be paid when someone dies

6. Creditors and taxes must be paid before you can inherit assets

Alabama Probate Law by Zip Code

FAQ Basics

Avoid Probate Assets that Bypass Probate

Probate Alabama Probate Procedure

Taxes Death & Taxes

Intestate Wills & Intestacy

Debts Debts

Lawyers Getting Help

**5. Death & Taxes: Most estates do not need to file an estate tax return, but there are other kinds of year-end taxes to be paid when someone dies**

Alabama
Probate Law by Zip Code

FAQ
Basics

Avoid Probate
Assets that Bypass Probate

Probate
Alabama Probate Procedure

Taxes
Death & Taxes

Intestate
Wills & Intestacy

Debts
Debts

Lawyers
Getting Help
