Alabama Probate Attorney
If you are searching for an Alabama Probate Attorney, look no further.
Our firm represents clients in probate matters both in Baldwin County and Mobile County Probate Court. A majority of our probate work includes matters related to probate administration and guardianships and conservatorships. Our firm regularly represents clients in probate proceedings in both Baldwin and Mobile Counties.
When should I hire an Alabama Probate Attorney?
When a person passes away, sometimes it is necessary go through Probate Administration in Alabama. The purpose of opening a probate estate is to ensure that the decedent’s property gets transferred to his beneficiaries or his heirs at law. While the case in in probate, any debts that the decedent owes are also taken care of. The typical claims period for an Alabama probate estate is six (6) months from the time that the letters of testamentary (or administration) are granted.
If the person passed away with a will in Alabama, the will gets filed with the probate petition. A typical will outlines the property that the person owned at the time of their death and directs that the property be distributed to the beneficiaries as outlined in the will.
If the person passed away without a will, that person is said to have died intestate. In an intestate estate, the person’s property is distributed to his heirs in accordance with the laws of the state of Alabama. Otherwise the process is similar to dying with a will. However, an intestate estate is often more expensive due to the mandatory court procedures that are typically bypassed when through a properly drafted will.
When a person becomes incapacitated, it is often necessary to seek a guardianship/conservatorship. The purpose of these types of proceedings is to appoint a third party (otherwise known as a guardian, or a conservator) to act in the best interest of the incapacitated person. Parents will often seek guardianship over their special needs child when they reach the age of nineteen (19) years old. Guardians are obligated to act in the best interests of the incapacitated individual and are responsible for filing annual reports with the probate judge.
Guardianships entail taking physical care of the incapacitated individual. Often times, the individual suffers from a debilitating physical or mental illness that makes caring for themself impossible.
Conservatorships entail taking control over the individual’s financial affairs. If an individual suffers from a disability preventing them from doing this, a conservatorship is appointed as a fiduciary and is entrusted to make financial decision in the best interest of the individual. Conservatorships can either be permanent or temporary.
Both guardianships and conservatorships can also be granted simultaneously. It is not uncommon for an individual to require both protections.
Where do Alabama probate proceedings take place?
Probate proceedings in Alabama take place in county probate court.
If you need to open a probate estate for someone who has passed away, you must go to probate court in the county in which they resided at the time of the death.
If you need to petition for guardianship or conservatorship, those proceeding will take place in the county in which the incapacitated individual resides.
Where is the probate court located?
The Baldwin County Probate Judge is located at 220 Courthouse Square, Bay Minette, AL 36507.
The Mobile County Probate Judge is located at 151 Government Street, Mobile, AL 36602.
Finding yourself in need of an Alabama Probate Attorney is something that most people will go through. Whether you are dealing with the passing of a loved one or looking to ensure your loved one is taken care of, the Clifton Firm is equipped to assist you in your probate matter.