Probate & Estate Administration

Written By Zach Permenter

Introduction

The loss of a loved one brings emotional challenges as well as legal and financial responsibilities. Probate and estate administration involve a structured legal process that ensures a person’s assets are properly managed, debts are addressed, and property is distributed according to Alabama law or the terms of a valid last will and testament.

I provide clear, reliable guidance to help individuals and families navigate the Alabama probate process efficiently and with confidence. Whether you have been named as a personal representative through a loved one’s will, you seek to open the estate of a loved one who passed without a will, or need assistance understanding your rights as a beneficiary, careful legal guidance can make the process more manageable.

What Is Probate?

Probate is the court-supervised process of administering a deceased person’s estate. In Alabama, probate typically involves:

  • Filing the will with the appropriate probate court (if one exists)

  • Petitioning the court to open the estate

  • Appointment of a personal representative or administrator

  • Identifying and valuing estate assets

  • Notifying creditors and resolving valid claims

  • Paying outstanding debts, taxes, and expenses

  • Distributing remaining assets to beneficiaries or heirs

If the individual passed away without a valid will, Alabama’s intestacy laws determine how assets are distributed.

Estate Administration Responsibilities

Serving as a personal representative carries important legal duties. The role requires careful attention to deadlines, documentation, and fiduciary obligations.

I assist personal representatives by:

  • Explaining legal responsibilities and court procedures

  • Preparing and filing required probate documents

  • Assisting with asset inventory and valuation

  • Guiding communication with beneficiaries and creditors

  • Helping ensure timely and proper distribution of assets

Proper administration helps reduce delays and minimize the risk of disputes or liability.

Probate With a Will vs. Without a Will

When a valid will exists, the court grants letters testementary to the named executor/executrix to administer the estate according to the will’s instructions. Often, the terms of a will waive the court requirement to file a bond, inventory, and accounting.

When no will exists, the court grants letters of administration to an administrator, and Alabama law determines who inherits the estate. This process can be more complex and may raise additional questions among family members. Intestate administration requires more work as the personal representative will need to submit a bond to the court equal to the value of the assets of the estate and provide a full inventory of the estate. An administrator will likely have to file a full accounting

Clear legal guidance can help ensure the estate is handled correctly in either situation.

Avoiding Unnecessary Delays and Disputes

Probate can involve detailed procedural requirements and strict timelines. Mistakes in filings, missed deadlines, or unclear communication can create unnecessary delays.

I work to help clients:

  • Understand court requirements from the outset

  • Maintain accurate records and documentation

  • Communicate effectively with beneficiaries

  • Address potential concerns before they escalate

A structured, proactive approach helps keep the process moving forward.

When Probate May Not Be Required

Not all assets are subject to probate. Certain property, such as jointly owned assets or accounts with designated beneficiaries, may transfer outside of probate. However, many estates still require court involvement.

I can help determine whether probate is necessary and, if so, outline the steps involved so you understand what to expect.

Summary Distribution of Small Estates

Summary distribution is a shortened probate process for small estates that carries the benefit of a shortened (30-day) creditor period. However, the value of the estate must be no more than $47,000 and other criteria must be met to file for summary distribution.

A Clear, Client-Focused Approach

Probate and estate administration often occur during a difficult time. My goal is to provide steady, practical guidance so you can fulfill your responsibilities with confidence.

  • Direct access to your attorney

  • Clear explanations of Alabama probate procedures

  • Careful attention to deadlines and compliance

  • A respectful, professional approach throughout the process

Serving Clients Throughout Alabama

I assist clients with probate and estate administration matters across Alabama. Whether you are initiating the probate process or responding to questions about an estate, I provide practical guidance grounded in Alabama law.

Schedule a Consultation

If you have questions about probate or estate administration in Alabama, I am here to help. With the right guidance, the process can be handled efficiently and properly.

Schedule a consultation to discuss your situation and the next appropriate steps.

Zach Permenter