When a loved one passes away, mcinerney law is here to help.

Have you experienced the recent loss of a loved one? Are you the person responsible for the administration of your loved one’s estate? If that responsibility has fallen on your shoulders, you should be aware of the different issues that can be involved during the probate process. If you do not have proper legal representation, the probate process can very easily and quickly overwhelm you. There are many responsibilities that are involved in probate and, usually, multiple parties are involved along the way who surface through questions and concerns.

Probate is the legal process of proving the validity of a will or distributing property through intestate succession. The probate process begins with the unfortunate death of a loved one. Probate is a very complicated and complex area of law and the attorneys at McInerney Law Firm can help guide you through every step of the process. Our knowledgeable and compassionate team of lawyers can assist with a small estate valued under $36,000 or an estate valued at considerably more. We have successfully represented clients throughout the state of Alabama with their probate matters and we can help you, too!

Do You Need a Lawyer to Probate an Estate?

The simple answer is yes. It is extremely important to hire a lawyer to help handle the probate of every estate in Alabama. The probate process can be a very complex and complicated process that necessitates the detailed knowledge of court procedures and probate laws in Alabama. There are numerous Alabama statutes that have required deadlines that have to be complied with in for an estate to be properly probated.

What Type of Assets Require Probate?

Not all assets will need to go through probate court, especially those that the deceased has notified in their will as not requiring a court process. Probate assets in an estate that will more than likely require going through the probate administration process include the following:

  • A life insurance policy where the deceased listed the estate as a beneficiary;

  • Home/land owned by the deceased;

  • Any investments/stocks, IRA, 401k, or retirement plan that the estate is designated as the beneficiary for;

  • Bank/credit card union accounts;

  • Personal property (cars, TV, jewelry, furniture, clothing, etc.);

  • Any asset that is titled in the deceased person’s name that has another person listed on the property title as “tenants in common;” and

  • Any asset that is titled in the deceased person’s name that does not have joint ownership or does not have any designation of a beneficiary.

When probate administration is necessary to settle a loved one’s estate, it does not have to be confusing or intimidating. McInerney Law assists you with the legal issues after the death of a loved one. For many of our clients, they have never been involved in the probating of an estate. We will walk you through the administration of your loved one’s Will or administration of your loved one’s intestate estate (if there is no Will). We will expedite the probate process by ensuring all documents are accurately and thoroughly prepared, published, served, and filed as and when needed.

Our goal is to ease your mind and help you transfer the assets of your loved one as easily and seamless as possible.

  • “Jenny helped me and my girls during a very difficult time in our lives. She seamlessly handled so many aspects of the Administration. I would have been lost without her.”

    Allison Hoff Festavan, Alabaster, AL

  • "There is nothing easy about losing a parent. Jenny routinely took the stress of his loss from me. She was compassionate and patient. I gained a friend."

    Joan Sheppard, Hoover, AL

  • "Jenny handled not just my mom's estate, but also my sister's estate. Her expertise and calm helped guide me in my darkest hour."

    Wendy Prickett Ellison, Homewood, AL

  • "I can't thank Jenny enough for everything she has done for me, my brother, and my parents (when they are were alive). Jenny provides such practical information and is so relatable. She is a true friend."

    Bryon McCool, Trussville, AL

FAQs

  • Your will controls probate property. Non-probate is not subject to probate. Some examples of non-probate property include: jointly held property, life insurance, and trusts.

    Non-probate property can be payable on death or subject to a beneficiary designation. Non-probate assets that can be subject to a beneficiary designation include the following:

    Retirement plans, including IRA retirement accounts

    Life insurance policies with a beneficiary

    Bank accounts with a payable on death or transfer on death order

    When asset distribution occurs through a will in the probate court, they become a matter of public record. When a beneficiary receives non-probate assets, the asset transfer can occur without a public record. Thus, your heirs can maintain privacy regarding the transfer of non-probate assets.

  • Your personal representative is a fiduciary who is responsible for settling your estate. This means your executor will handle the following:

    Gathering your assets

    Paying your debts

    Paying your death taxes

    Making distributions to your beneficiaries

    In the meantime, your personal representative must keep the property insured, decide what to sell, invest cash, obtain appraisals, and file income tax returns. This process can take one or two years.

  • Once an estate is open, it must remain open for 6 months for creditors to file a claim against the estate. Once the 6 month time period has closed, claims can be paid and the estate can be settled.