In Alabama, wills are probated and estates are administered through the county probate court, which is run by an elected probate judge. Families in Jefferson County may deal with either the Birmingham or the Bessemer division, and Shelby County has its own probate office in Columbiana.
A probate or estate attorney helps the executor follow the court’s steps correctly, avoid personal liability, and keep a family on good terms during a stressful time. Many also help parents plan ahead with wills, trusts and powers of attorney so the next generation faces fewer surprises.
Probate and estate attorneys help admit a will to probate, get the personal representative appointed, notify creditors, inventory assets, pay debts and distribute property to heirs. Elder law attorneys add Medicaid and long-term care planning, guardianship and conservatorship, and powers of attorney and advance directives for aging parents.
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Mostly. Probate attorneys focus on settling estates after a death. Estate planning attorneys focus on wills and trusts before one. Many Birmingham firms do both, and elder law firms add long-term care and Medicaid planning.
No. Alabama does not have its own inheritance or estate tax, though very large estates can still owe federal estate tax.
Not always. Assets with a named beneficiary, joint accounts and property held in a trust usually pass outside probate. Small estates may qualify for a simpler process. An attorney can tell you which applies.
Simple estates often take several months to a year. Creditors have a set period to file claims, and disputes or real estate sales can extend the timeline.
Yes. Elder law attorneys help families plan for long-term care costs, including Medicaid eligibility, while following Alabama’s rules on asset transfers and estate recovery.