Phenix City and Columbus Probate Attorneys

Comprehensive Estate Administration Assistance in Alabama

When someone passes away, several procedural steps must occur before their estate can be closed. A personal representative, who will either be named in a will or appointed by an Alabama court, is responsible for carrying out the tasks that make up the probate process. You may be called upon to serve in this role after the passing of a loved one. 

Fortunately, you do not have to face probate alone. Our Phenix City probate lawyers at Loftin, Loftin & May have over 55 years of experience and can advise you at every stage of estate administration. We understand that losing someone you care about is never easy, and our goal is to help you move through this difficult time as smoothly as possible. If disputes arise, we will represent your interests and work to achieve the most favorable outcome possible.

If you have been named as a loved one’s personal representative and need help with probate, do not hesitate to call (334) 310-0208 or contact us online.

How Probate Works in Alabama

Probate can be a complex, time-consuming process. Many personal representatives may not be prepared for the work involved, especially if they are managing a large estate with many assets. Our Phenix City probate attorneys can help you manage the responsibilities of the role. 

In Alabama, the personal representative is responsible for:

• Initiating the Process. The decedent may have left a will that names a personal representative as part of their estate plan. In most cases, the personal representative initiates probate and requests control of the estate. Anyone with a financial interest in the estate can also request to start the process, especially if there is no will. In these cases, the appropriate court will appoint a personal representative.
• Notifying Heirs, Beneficiaries, and Creditors. After authorization, the personal representative must formally notify any beneficiaries named in the will, known creditors with outstanding debts, and heirs who could inherit assets if there is no valid will. These individuals have an opportunity to file objections regarding the selection of the personal representative or the validity of the will.
• Posting a Bond. Many wills state that the personal representative does not need to post a bond. If the will does not include this, the probate court may require a bond as insurance for the estate in case of mismanagement.
• Inventorying and Appraising Estate Property. The personal representative must assess and, if needed, appraise all estate property of value, especially items listed in the will. This process can be time-consuming if the estate is large or assets are difficult to locate. The court will review this inventory, so professional, licensed appraisers may be necessary for certain assets.
• Settling Outstanding Debts. Creditors may come forward and claim the decedent owed them money. The personal representative must use estate assets to pay all valid claims. No assets can be distributed until all legitimate debts have been settled, and some debts have "priority" if the estate is unable to pay every creditor.
• Distributing Assets. After filing tax returns, paying debts, and resolving conflicts, the personal representative can seek the court's permission to distribute the remaining assets according to the will. In most cases, assets cannot be distributed early. After all assets are distributed, the personal representative submits a final accounting and requests the estate be closed.
• Demonstrating the Validity of the Will. Alabama recognizes only wills prepared according to state rules. Alabama does not recognize handwritten "holographic" wills. The personal representative must provide confirmation from at least one witness to the signing. Interested parties, such as heirs, may challenge the will—known as a "will contest"—on various grounds. Will contests can significantly extend the probate process and must usually be decided in court.
• Filing and Paying Taxes. The personal representative is responsible for filing the decedent’s last tax returns and paying any taxes owed from estate assets.

Simplified Probate Procedures Available in Alabama

To help you understand if a simplified probate process applies, here are the basic criteria and important steps for small estates in Alabama:

• Estate value limit. The process is available if the decedent’s estate is valued at $25,000 or less, not including any real estate property.
• No real estate holdings. Any estate with real property does not qualify for simplified probate procedures.
• Documentation required. You must provide proof of value, a valid will if one exists, and details about debts and beneficiaries to the probate court.
• Deadline considerations. There are strict timelines for filing and publishing notices to creditors. Missing a deadline can complicate or prevent a simplified process.
• Local court nuances. Probate procedures can vary by county. Working with someone familiar with counties near Columbus, such as Russell County Probate Court, can streamline your experience and prevent unnecessary delays.

Understanding these requirements is important for anyone who may inherit from a small estate. The process helps families and beneficiaries save time and money by streamlining some legal and procedural hurdles present in a standard probate case. 

If you believe an estate qualifies, gathering documents such as proof of the estate's value, a valid will, and details on debts or claims is essential for a smoother experience. Counties near the Alabama-Georgia border may have slight differences in their procedures, so working with someone familiar with Russell or Lee County probate court processes can make a significant difference.

• Confirm estate value. Total estate assets cannot exceed $25,000, not counting real estate holdings.
• No real estate allowed. If the estate includes even a small parcel of land or a house, the simplified process is not available.
• Time limits apply. Specific deadlines apply for filing and notice. Missing them can affect eligibility and lead to delays.
• Publication requirements. Proper public notice to creditors in the county where the decedent lived is mandatory for the process to proceed.

Understanding Small Estate Probate in Alabama

The small estate probate process involves several steps to make sure assets are allocated correctly and debts are handled:

• Eligibility review. A surviving spouse or rightful heir can request small estate probate by submitting a copy of the will and proof that funeral expenses are covered.
• Role of representative. If the request is approved, the applicant becomes personal representative for the rest of the simplified process.
• Creditor notification. Legal notice must be published in a local newspaper for creditors in the community, commonly in counties that serve both Phenix City and Columbus families.
• Debt settlement order. There is a set order of payment—funeral and burial costs are paid first, then administration fees, followed by medical bills, government taxes, and lastly, secured or unsecured debts.
• Asset distribution. Any remaining assets are distributed to beneficiaries after handling all debt obligations.

The small estate probate steps are designed to make it easier for families to settle a loved one’s estate without lengthy court oversight. This can help reduce financial and emotional stress for beneficiaries. Local courts in Russell County are familiar with the process and often help Columbus families with cross-border issues involving property or beneficiaries in both states. Working with a probate litigation attorney in Columbus or Phenix City who has handled cases in Alabama and Georgia can be especially helpful for clients with multi-state assets or family members.

Because so few assets are available, there is a considerable chance the personal representative will not be able to pay all creditors if the decedent had many debts. Different types of debt have priority, and the personal representative must pay in the correct order. Funeral and burial expenses are prioritized, followed by estate administration fees, final medical bills, government taxes, and then secured or unsecured debts. The personal representative can distribute any remaining assets once all debts have been paid.

Probate Litigation and Dispute Resolution in Columbus

The probate process does not always proceed smoothly, especially when disagreements arise over the validity of a will or the administration of an estate. In Columbus and the surrounding areas, probate litigation can include complex legal disputes that require a solid understanding of both Georgia law and local court procedures. Issues can include contested wills, disputes among heirs, claims of undue influence, and concerns about the decedent's mental capacity. Handling these disputes requires knowledge of Muscogee County Probate Court procedures, as local rules and deadlines can impact the results of each case.

At Loftin, Loftin & May, LLC, we draw upon more than five decades of legal experience to represent clients in probate litigation and ensure their concerns are addressed. We approach every case with a focus on efficient and fair resolution—first seeking negotiation, then pursuing court proceedings when needed. Our process includes working with clients to assess evidence, prepare documents, and develop a tailored strategy, including representing clients at hearings or mediation sessions related to Georgia probate laws.

• Disputes over the authenticity or signing of a will
• Claims that a personal representative is not fulfilling their duties as required
• Arguments regarding asset distribution or estate valuations
• Allegations of fraud, undue influence, or lack of mental capacity
• Issues with interpreting ambiguous or outdated estate documents

Because probate litigation can affect family relationships and financial situations for years, it is important to work with a team that provides personalized guidance and sound advice. Our firm offers diligent advocacy and practical solutions, aiming to preserve family relationships when possible while protecting your legal rights under Georgia and local laws.

Contact us online or call (334) 310-0208 to learn more about how we can assist you with the probate process.

Frequently Asked Questions

What steps should I take if I suspect a will is invalid?

If you believe a will may be invalid due to falsified signatures, lack of capacity, or undue influence, you can file a formal objection or "caveat" in the local probate court. You will need to provide supporting evidence, and working with someone familiar with Muscogee County or Russell County courts can help you navigate the process.

How long does the probate process usually take in Georgia or Alabama?

The time required to complete probate can vary. Straightforward cases in both states might be completed within a few months. However, if there are disputes, missing documents, or real estate involved, probate can take much longer—sometimes over a year—especially if litigation becomes necessary.

Can I challenge the actions of a personal representative or executor?

Yes, beneficiaries or interested parties who believe a personal representative is not acting in the estate’s best interests may file a complaint with the probate court. You should gather supporting documents and, if possible, seek legal guidance to ensure your concerns are presented properly and comply with local court procedures.