Expertise.com

Best Probate Lawyers in Mobile

Laurels
Laurels

We did the research for you!

Learn more
  • checkboxLicensing
  • checkboxUser Reviews
  • checkboxMystery Shopping Calls

Probate Lawyers FAQs

Learn more
Burns, Cunningham & Mackey, P.C., Attorneys at Law logo
Visit WebsiteWebsite

Burns, Cunningham & Mackey, P.C., Attorneys at Law

50 Saint Emanuel St, Mobile, AL 36602
Visit WebsiteWebsite
  • Estate Planning

Business Description

Attorney Burns with Burns, Cunningham & Mackey PC, Attorneys at Law, is a probate attorney in Mobile who assists executors, personal representatives, beneficiaries, and claimants in will disputes. This probate attorney has more than 30 years of experience challenging wills and will codicils in the local courts. Mr. Burns is a member of the American Bar Association, the Alabama Bar Association, the Mobile Bar Association, the Alabama Trial Lawyers Association, the South Alabama Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Facebook
5.0 / 5 (11)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Caldwell Wenzel & Asthana, PC logo
Visit WebsiteWebsite

Caldwell Wenzel & Asthana, PC

218 N Alston St, Foley, AL 36535
Visit WebsiteWebsite
  • Wills
  • Estate Planning
  • Living Trust

Business Description

Caldwell Wenzel & Asthana PC is a group of probate lawyers near Mobile offering assistance with probate matters. The firm has years of experience handling all facets of probate, from the initial filing of documents, locating of errors, inventorying the estate to accounting, taxation responsibilities, and distributing assets, the firm helps the client all the way. It also helps with will disputes and contested wills, and it forms trusts, guardianships, and conservatorships.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
5.0 / 5 (149)
Facebook
5.0 / 5 (39)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Cromwell & Associates logo
Visit WebsiteWebsite

Cromwell & Associates

1032 Hillcrest Road, Mobile, AL 36695
Visit WebsiteWebsite
  • Estate Planning
  • Estate Taxes

Business Description

Cromwell & Associates is a law firm in Mobile that works with clients in estate planning and probate. Eric Cromwell has experienced firsthand how dealing with incapacitation without legal knowledge can be financially and emotionally taxing to families. When his grandmother got a stroke, his father set up and managed a trust for her without assistance from a lawyer. Seeing how his family suffered sparked his interest in helping families that are going through a similar situation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Drinkard & Barber, P.C. Attorneys & Counselors at Law logo
Visit WebsiteWebsite

Drinkard & Barber, P.C. Attorneys & Counselors at Law

1070 Government St., Mobile, AL 36604
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Drinkard & Barber, P.C. Attorneys & Counselors at Law is a private legal practice that serves individuals and families in Mobile and the surrounding areas. Its team of attorneys assists with the probate administration process, which may include court appearances. It also creates revocable living trusts for clients who wish to avoid the probate process. In addition, the firm handles matters involving corporate entity formation. Partners Vaughan Drinkard, Jr. and Tara Drinkard Barber have more than six decades of combined legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (26)
Druhan & Tyler Attorneys At Law logo
Visit WebsiteWebsite

Druhan & Tyler Attorneys At Law

1751 Old Shell Road, Mobile, AL 36604
Visit WebsiteWebsite
  • Estate Planning
  • Probate

Business Description

Druhan & Tyler Attorneys At Law serves the legal needs of residents in Mobile and the surrounding areas. The lawyers at this firm help clients deal with probate matters that involve the proper distribution of a decedent's assets to heirs, creditors, and beneficiaries. In addition, they also represent clients if an issue arises during the administration of a decedent's estate. Other legal areas of practice are estate planning and business law. The firm's partner, J. Michael Druhan, Jr., was the former president of the Mobile Bar Association in 2014.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (7)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Galloway Wettermark Rutens, LLP logo
Visit WebsiteWebsite

Galloway Wettermark Rutens, LLP

3263 Cottage Hill Rd., Mobile, AL 36606
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Galloway Wettermark Rutens, LLP, provides legal services to clients in Mobile. It offers assistance in executing probate and estate planning matters. It also has experience addressing seniors' legal needs, such as processing wills and trusts, medical directives and living wills, and powers of attorney. The law firm covers various facets of elder law, including establishing guardianship for minor children and supporting philanthropic causes. One of the partners, Robert M. Galloway, is a member of the Mobile Estate Planning Council.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.7 / 5 (18)
Facebook
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Hays Law Firm, LLC logo
Visit WebsiteWebsite

Hays Law Firm, LLC

202 Government Street, Mobile, AL 36602
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Estate Taxes
  • Probate

Business Description

Hays Law Firm, LLC, serves residents of Mobile and nearby communities by handling uncontested probate. It deals with personal representatives such as the spouse, next of kin, the estate’s largest in-state creditor, and the general or county administrator. Kevin Hays has focused on probate, real estate law, and wills and trusts in his legal practice that spans more than 25 years. He has taken hundreds of probate cases in most counties in Alabama. He is also licensed in Texas.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Avvo
4.0 / 5 (4)
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Holberg and Holberg, P.C. logo
Visit WebsiteWebsite

Holberg and Holberg, P.C.

118 North Royal Street Suite 804, Mobile, AL 36602
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Living Trust
  • Probate Litigation

Business Description

Holberg and Holberg PC was founded by an estate planning attorney in Mobile. The firm has more than 70 years of collective experience serving clients from across Southwest Alabama following the loss of a loved one and the need for filing documents with the probate court. The firm helps with the transfer of assets to heirs, litigation of disputes, drafting of trusts and wills, estate tax prep, and designating conservatorships and guardianships.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (47)
Google
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Jarvis Law Firm P.C. logo
Visit WebsiteWebsite

Jarvis Law Firm P.C.

2150 Government St, Mobile, AL 36606
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning
  • Living Trust

Business Description

Jarvis Law Firm PC in Mobile offers a full suite of probate services for both individuals and families undergoing the process of settling a loved one's estate. In addition to counseling clients on probate matters, filing documents, and inventorying assets, the firm also helps with will disputes and related probate issues. Attorney Adam Jarvis is a member of the Mobile Bar Association, Alabama State Bar, The Florida Bar, and the Louisiana State Bar.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Avvo
5.0 / 5 (2)
Justia
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
McCleave & Shields LLC logo
Visit WebsiteWebsite

McCleave & Shields LLC

507 Church Street, Mobile, AL 36602
Visit WebsiteWebsite
  • Wills
  • Probate

Business Description

McCleave & Shields, LLC, is a Mobile-based law office that caters to the residents of the city and nearby communities. It advises the beneficiaries and successors of decedents' assets regarding the courtroom process, from estate opening to appraisal and distribution. The office helps mediate and resolve disputes regarding wills or executors' actions. These disputes include complaints of unfair distribution, claims of inauthentic wills, and suspected tampering of wills and estates. The firm's partners are experienced litigators who have also handled criminal defense cases, divorce proceedings, and immigration trials.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Mobile Probate Lawyer logo
Visit WebsiteWebsite

Mobile Probate Lawyer

164 St Francis St., Mobile, AL 36602
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

Mobile Probate Lawyer caters to families and individuals who need legal assistance and representation. Some of the services the firm provides are probating wills and administering the estates of deceased persons, assisting fiduciaries who need help with understanding their obligations, and formulating administration plans that help executors and trustees manage estates. T. Jeff Stein established the firm in 1976 and dedicates his practice to all areas of probate. He also accepts cases involving elder care.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Parker Law Offices logo
Visit WebsiteWebsite

Parker Law Offices

182 Saint Francis Street, Suite 101, Mobile, AL 36602
Visit WebsiteWebsite
  • Estate Planning

Business Description

Parker Law Offices represents clients in probate proceedings. It drafts and reviews wills and trusts, offers powers of attorney, and facilitates the planning of estate and healthcare directives. It also handles real estate, personal injury, and corporate cases. Founder John Parker has been serving the Mobile community for over 20 years, enabling him to navigate local laws and enforcements with familiarity. Some of the cases he has resolved include property evictions, business transactions, and title and lease disputes.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
3.9
Google
3.8 / 5 (14)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Patrick Collins, LLC logo
Visit WebsiteWebsite

Patrick Collins, LLC

7051 Professional Place, Daphne, AL 36526
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Patrick Collins LLC near Mobile is a probate attorney who offers a full suite of services for families and others undergoing the complicated probate process. Mr. Collins has more than 25 years of experience in estate law and probate. He understands the complexities involved in settling estates, from initial filing through settling with creditors, distributing assets, handling final tax returns, and discharging the estate from probate. Consults are available upon request.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Pierce Ledyard PC logo
Visit WebsiteWebsite

Pierce Ledyard PC

3801 Airport Blvd, Mobile, AL 36608
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

Pierce Ledyard PC provides probate services to clients in Mobile and the surrounding areas. This law firm also caters to individuals needing assistance with commercial and residential real estate transactions. It represents guides clients in navigating their cases involving bankruptcy, creditors' rights, general business, and mortgage law. Pierce Ledyard PC has served clients such as LandAmerica and Alabama Motorsports Park. One of its attorneys, Donald F. Pierce, has been practicing law since 1958. He is also the past president of the Alabama Defense Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.2 / 5 (21)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Ryan Legal Services logo
Visit WebsiteWebsite

Ryan Legal Services

209 North Joachim Street, Mobile, AL 36603
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

Ryan Legal Services help Mobile residents plan estates, go through probate, and divide properties. Kevin Ryan and his team assist clients in helping their family members and beneficiaries avoid probate. They also aid clients in handling probate proceedings by evaluating wills, paying off loans and taxes, and inventorying properties and assets. Ryan has been practicing law since 1998 and is admitted to the United States Tax Court. He also counsels estates regarding bankruptcy and debt negotiation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.7 / 5 (27)
Avvo
5.0 / 5 (7)
Facebook
5.0 / 5 (2)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
Sean F. Hampton Attorney at Law logo
Visit WebsiteWebsite

Sean F. Hampton Attorney at Law

1621 S University Blvd Ste B2, Mobile, AL 36609
Visit WebsiteWebsite

Business Description

Sean F. Hampton Attorney at Law serves grieving families from different walks of life in Mobile. Hampton assists with probate administration, including collecting the decedent's property, settling debts and taxes, and transferring assets to the rightful heirs. He aims to minimize the family's burden by providing realistic expectations and working towards the most favorable outcomes. Hampton has been practicing since 2005 and is also licensed in Mississippi. His other practice areas are criminal defense, personal injury, and Social Security Disability.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.4 / 5 (8)
FindLaw
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Steele Law, LLC logo
Visit WebsiteWebsite

Steele Law, LLC

50 Saint Emanuel Street, Mobile, AL 36602
Visit WebsiteWebsite
  • Estate Planning
  • Probate Litigation

Business Description

Steele Law LLC offers Mobile clients a full range of probate and estate services. The firm has decades of experience in estate law and helps with everything from estate planning to probate administration, long-term care provisions, and end-of-life arrangements. It prides itself on personalized service at each step of the probate process, whether through will execution or divvying up the estate's assets. Additionally, it helps with will contests and disputes and drafts all types of legal documents.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Stuart Y. Luckie, P.C. logo
Visit WebsiteWebsite

Stuart Y. Luckie, P.C.

407 Conti St, Mobile, AL 36601
Visit WebsiteWebsite
  • Probate

Business Description

Stuart Y. Luckie, P.C., offers legal representation to families and individuals in the Mobile area. Primary attorney Stuart Luckie has been in practice for more than 25 years. He handles matters involving probate law, environmental litigation, and corporate and business consulting. Luckie also takes care of personal injury claims for injuries and wrongful death caused by car accidents and defective products. He aims to understand the clients' situations, determine their objectives, and educate them on their options to make informed decisions.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (5)
Avvo
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Law Offices of Brenton C. McWilliams logo
Visit WebsiteWebsite

The Law Offices of Brenton C. McWilliams

25814 Canal Rd, #5, Orange Beach, AL 36561
Visit WebsiteWebsite
  • Trusts
  • Wills
  • Estate Planning

Business Description

The Law Offices of Brenton C. McWilliams serves residents across Mobile. Included in its practice areas is probate law. It assists decedents' beneficiaries in authenticating the testament and qualifying for summary distribution for them to claim assets and estate inheritance. It also handles cases where wills are non-existent. In addition, the firm works on drafting documents for estate plans, asset protection, and guardianship directives. Founding attorney and namesake Brenton McWilliams brings over more than 20 years of experience in the legal field.

The Seawell Firm, LLC logo
Visit WebsiteWebsite

The Seawell Firm, LLC

260 N. Joachim St., Mobile, AL 36603
Visit WebsiteWebsite
  • Wills
  • Estate Planning

Business Description

The Seawell Firm, LLC, serves the legal needs of individuals and small businesses throughout Mobile and the neighboring areas. The firm assists clients with probate and estate administration, working with the executors and the beneficiaries of the estate to properly distribute the decedent's assets and close the estate without unnecessary delays. It also helps clients draft estate planning documents like wills, powers of attorney, and advanced medical directives. Henry R. Seawell, IV established the firm in 2011 and also handles commercial litigation matters.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (25)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
William C. Poole, LLC logo
Visit WebsiteWebsite

William C. Poole, LLC

917 Western America Cir. Suite 210, Mobile, AL 36609
Visit WebsiteWebsite
  • Probate Litigation

Business Description

William C. Poole, LLC, is a Mobile-based firm that serves the legal needs of individuals, families, and businesses. Its legal team handles probate-related matters to settle the decedent's estates. Some services are powers of attorney, living wills, conservatorships, and estate planning. In addition, it deals with personal injury issues and assists injury victims in obtaining just compensation for damages and losses. The firm's primary attorney, William C. Poole, has been practicing law for over two decades.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (19)
Facebook
4.5 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a probate attorney do?

Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

What is probate court?

Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

How long do you have to file probate after death?

The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

Does life insurance go through probate?

Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

Do household items go through probate?

While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

Do bank accounts with beneficiaries have to go through probate?

In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

What happens if no probate is filed?

Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

What is probate real estate?

Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

Can I probate a will or estate without an attorney?

It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

How many years can an estate remain in probate?

If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

When is a will's probate an automatic process?

Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

What does it mean when property is under probate?

Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.

Read all FAQs