Best Probate Lawyers in Birmingham

Q: What is the time frame for probate in Birmingham?

The process usually takes from six months to a year, but it depends on the complexity of the estate.

Q: Do all estates need to go through probate?

No, if assets are to be directly transferred through joint ownership, living trusts, or beneficiaries named in a life insurance policy or retirement account, probate is not required.

Q: Who is responsible for handling probate?

Typically, the executor named in the will is responsible. If the decedent did not leave a will, the court appoints an administrator.

Q: What happens if someone dies without a will?

If someone dies without a will, their estate is considered 'intestate' and it is distributed in accordance with Alabama's intestacy laws, generally to closest relatives.

Q: Do I need a probate lawyer?

While not required, it is highly beneficial to hire a probate lawyer to navigate and expedite the probate process.

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List of the best lawyers in Birmingham, United States

WILLIAMS, WILLIAMS, RATTNER AND PLUNKETT P.C.

Birmingham, United States

Founded in 1973

50 people in their team

English

At Williams, Williams, Rattner & Plunkett, we take pride in our ability to provide the highest level of service to each of our clients. This is possible because we do business a little differently. We have exceptional attorneys who deliver effective results in a wide range of fields, while...

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United States Probate Legal Questions answered by Lawyers

Browse our 2 legal questions about Probate in United States and the lawyer answers, or ask your own questions for free.

My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c: Hello:We are sorry to hear about the passing of your husband, and we extend our deepest condolences.Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property transfer to your child in the Philippines can be lawfully facilitated under Philippine succession laws.Here are some important legal points and possible remedies:1. Extrajudicial Settlement of Estate (if there is no will)If your husband died intestate (without a will), and there are no other compulsory heirs aside from your child, you may execute an Extrajudicial Settlement of Estate with Waiver of Rights in favor of your child. This must be:Signed by you as the surviving spouse,Notarized and registered with the Registry of Deeds,Accompanied by a notarized Affidavit of Self-Adjudication or Waiver, if applicable.If the property is titled in your husband's name, the title must be transferred first to the estate, and then to your child.2. Judicial Settlement (if there is a dispute or complications)If:There are other legal heirs,There is no agreement on the partition,Or if a will exists that needs probate,Then a petition for judicial settlement must be filed before the Philippine court having jurisdiction over the property.3. Tax Clearance & Title TransferTo legally transfer the title, the following must also be secured:BIR Certificate Authorizing Registration (CAR),Estate tax clearance,Updated real property tax payments,Transfer of title with the Registry of Deeds.We recommend an initial consultation so we can properly review your husband’s death certificate, property documents, marriage certificate, and your child’s proof of identity. This way, we can assist you in completing all required steps without requiring you to travel to the Philippines.You may directly schedule and automatically get a Google Meet link using the link below:👉 https://calendar.app.google/MuALV3nLqedy9FCx6Our Contact Information:📧 Email: [email protected]📞 Phone/Viber/WhatsApp: 09175046510📍 Office: 5th Floor, Park Centrale Building, IT Park, Apas, Cebu City, 6000We look forward to helping you secure your child’s rightful inheritance.Best,Atty. Jofre RecososaOwner, Recososa Law Firm
can filipino probate lawyers make a California trust?: Contact me on WhatsApp >>> +38970704335 <<< I can help you.Regards,

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About Probate Law in Birmingham, United States

Probate law in Birmingham, United States deals with the legal process of transferring the property and assets of an individual after their death. This process is supervised by a court and includes determining the validity of wills, settling outstanding debts, taxes, and distributing remaining assets to beneficiaries as specified in a will or as mandated by the state law if there isn't a will.

Why You May Need a Lawyer

Engaging a probate lawyer is beneficial when dealing with complex estates or when disputes arise among beneficiaries. If the deceased owned a substantial amount of real estate or had significant assets, a probate attorney can facilitate the process. Moreover, lawyers can assist in cases where the deceased did not leave behind a will, had debts, or if there are disagreements within the family regarding the division of assets.

Local Laws Overview

The state of Alabama governs Probate laws in Birmingham. Under these laws, if the deceased did not leave a will, the assets are divided according to Alabama's intestacy laws. If there is a will, but it does not give clear instructions or has discrepancies, the court applies these laws to settle the disputes. Moreover, Alabama employs a simplified small estate process which allows direct inheritance if the value of the entire estate, excluding homestead property, is $25,000 or less.

Frequently Asked Questions

What is the time frame for probate in Birmingham?

The process usually takes from six months to a year, but it depends on the complexity of the estate.

Do all estates need to go through probate?

No, if assets are to be directly transferred through joint ownership, living trusts, or beneficiaries named in a life insurance policy or retirement account, probate is not required.

Who is responsible for handling probate?

Typically, the executor named in the will is responsible. If the decedent did not leave a will, the court appoints an administrator.

What happens if someone dies without a will?

If someone dies without a will, their estate is considered 'intestate' and it is distributed in accordance with Alabama's intestacy laws, generally to closest relatives.

Do I need a probate lawyer?

While not required, it is highly beneficial to hire a probate lawyer to navigate and expedite the probate process.

Additional Resources

Probate judges in Jefferson County or the Alabama Administrative Office of Courts can provide you with some guidance. The Alabama State Bar Association also offers resources and can refer you to a practicing probate lawyer in Birmingham.

Next Steps

If you need legal assistance in probate, consider finding a licensed attorney specializing in probate law. Ensure they have adequate experience handling similar estates. You may also contact the Alabama State Bar Association for a referral or visit the local court to procure forms and check the status of a probate case.

Lawzana helps you find the best lawyers and law firms in Birmingham through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Probate, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Birmingham, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.