What is probate and how does it work?

Probate is a legal process that happens after someone passes away. It happens in Alabama when a person has made a Will before passing away, and the court has to confirm the Will is the last one the deceased made. The court will then look at the assets, debts, and taxes the deceased had and decide how to divide them in the Will. Probate also ensures the deceased’s debts are paid off by their estate. During this process, the court will appoint an executor to act as a personal representative for the deceased and manage their estate. This can be a family member, a lawyer, or an accountant. The executor will be in charge of gathering the deceased’s assets, filing for taxes, notifying creditors of the death, and overseeing the distribution of the estate according to the terms of the Will. Then, the executor will be responsible for distributing the assets to the beneficiaries listed in the Will, paying off any debts, and collecting debts owed to the deceased.

Related FAQs

Can a will be challenged if it was executed under duress?
What is the difference between a will and a trust?
What happens if I die without a will?
What are the legal requirements for making a will in my state?
What is testamentary capacity?
How do I change or revoke a living will?
What rights do heirs have to a will?
What if there is a disagreement about a will?
Can a will be changed after the testator has died?
How can I modify or revoke a will?

Related Blog Posts

Understanding Wills and Probate Law: The Basics - July 31, 2023
The Benefits of Establishing a Will: An Overview - August 7, 2023
Creating a Trust to Maximize Estate Planning Benefits - August 14, 2023
How Executors Handle Probate: A Step-by-Step Guide - August 21, 2023
The Difference between Wills and Living Trusts - August 28, 2023