In the United States, a probate system distributes property at death. Probate is Court proceeding that supervises the orderly and proper distribution of a decedent’s assets to creditors, heirs and beneficiaries. Probate is a process where
- The decedent’s purported Will, if any, is entered in court; if there is not a properly executed Will, the proper representative will petition the Court in order for the estate to be administered
- a Personal Representative is appointed by the Court as a fiduciary to gather and take control of the estate’s assets,
- known and unknown creditors are notified to file any claims against the estate,
- valid claims are paid out in the order or priority governed by state statute,
- remaining funds are distributed to beneficiaries named in the will, or heirs, if there is no will, and
- the probate judge closes out the estate.
In addition to assisting clients create trust and estate plans, the attorneys at Druhan & Tyler, handle estate administration and probate matters.
There are several alternatives available in Alabama for administering an estate, and ultimately distributing property to the heirs. Some alternatives involve a court, while others do not. Which alternative is best depends on the instructions left by the person who has died, the nature and value of his or her property, and the identity of the heirs.
Druhan & Tyler will ascertain the facts of your estate and advise you on the most effective means of handling the estate of your deceased family member or friend. The goal always is to make sure the process goes as smoothly as possible with the least amount of time and expense involved.