When someone you love dies, you shouldn't have to figure out the court system alone.
Losing a parent, spouse, or family member is hard enough. Then come the questions: Who's in charge? What happens to the house? Who pays the bills? Can anyone sell or refinance the property? Probate is the legal process that answers those questions, and we guide families through it in plain English, one step at a time.
What is probate?
Probate is the court-supervised process of settling a person's estate after death. In general, it involves:
- Proving that a will is valid, or determining who the legal heirs are if there was no will
- Appointing someone (a personal representative, executor, or administrator) with legal authority to act for the estate
- Finding and protecting the estate's property
- Notifying creditors and paying valid debts, expenses, and taxes
- Transferring what's left to the people entitled to it, including putting real estate into the right names
Until that authority is in place, banks, title companies, and buyers often won't deal with the family, which is why a house can sit unsold or a family can't access accounts.
Probate in Alabama
In Alabama, estates are generally handled in the probate court of the county where the person lived. If there was a will, the court admits it to probate and issues letters testamentary to the named personal representative. If there was no will, the court can appoint an administrator, and the estate passes to heirs under Alabama's intestacy laws. Alabama also has simplified procedures for some smaller estates.
Probate in Texas
Texas offers several paths depending on the estate. Many estates with a will qualify for independent administration, which allows the executor to settle the estate with less court supervision. In some cases, a will can be probated as a muniment of title, which transfers property without a full administration. When there is no will, Texas courts may require a determination of heirship to establish who inherits, and a small estate affidavit may be available for some smaller estates.
When there was no will
Without a will, state law decides who inherits, and that may not match what the family expected. When land has passed down this way for more than one generation, it often becomes heirs' property, with ownership split among many relatives and an unclear title. We help families sort that out, too.
How we help
- Explain your options and the likely timeline in plain English
- Prepare and file the court papers to get the right person appointed
- Guide the personal representative through notices, inventories, debts, and distributions
- Handle real estate so the property can be kept, sold, or refinanced
- Help you put your own plan in place afterward, so your children don't go through the same process
What it costs
Probate matters are billed hourly. We explain how billing works before we start, so there are no surprises.
Attorney Gregory Robinson is licensed in Alabama. Attorney Hector Faulk is licensed in Texas.
Contact us to talk through your situation or call 334.440.6165.
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