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Probate Attorney — Tuscaloosa, Alabama | Parsons Firm, PC
Navigating probate in Alabama after losing a loved one? Parsons Firm, PC has guided Tuscaloosa families through probate administration for over 45 years — schedule your free consultation at (205) 349-5500.
Parsons Firm, PC is a probate law firm in Tuscaloosa, Alabama, guiding families and personal representatives through the Alabama probate process from its office at 2909 7th Street. The firm handles estate administration, will contests, intestate succession, appointment of personal representatives, Letters Testamentary, Letters of Administration, and probate court proceedings under the Alabama Probate Code, Title 43. Alabama probate is a court-supervised process that can take months or years without experienced legal guidance. A missed filing deadline, an improperly noticed creditor, or a contested will can transform a straightforward estate into protracted litigation that depletes the assets your loved one worked a lifetime to accumulate.
Petition for probate, appointment of personal representative, inventory and appraisal, creditor notification, and final distribution under the Alabama Probate Code.
Formal and informal probate of wills, issuance of Letters Testamentary, and personal representative qualification.
Administration of estates without a will, determination of heirs, and distribution under Alabama's intestacy statutes, Title 43, Chapter 8.
Challenges to will validity based on lack of testamentary capacity, undue influence, fraud, or improper execution under Alabama law.
Representation of personal representatives, executors, and administrators in their fiduciary duties, accountings, and creditor disputes.
Proceedings to establish heirs at law for intestate estates and for title curative purposes in real property transactions.
Alabama ancillary probate proceedings for non-residents who owned Alabama real property at the time of death.
Appointment of guardians and conservators for incapacitated adults and minors under Alabama Probate Court jurisdiction.
1
File petition in the Probate Court of the county where the decedent resided at death, along with the original will (if any) and death certificate.
Week 1–2
2
Court appoints personal representative; Letters Testamentary or Letters of Administration issued after bond (if required) is posted.
Week 2–4
3
Publish notice to creditors in local newspaper for 5 consecutive weeks; creditors have 6 months from date of first publication to file claims.
Weeks 2–8
4
Personal representative files inventory of estate assets with the Probate Court within 2 months of appointment.
Months 1–3
5
Settle valid creditor claims, pay estate expenses, and address any Alabama or federal estate tax obligations.
Months 3–9
6
File final accounting with Probate Court; distribute remaining assets to beneficiaries or heirs; close the estate.
Months 9–18
The Alabama probate process is a court-supervised proceeding in which the Probate Court of the county where the decedent resided at death oversees the administration of the estate — validating the will (if one exists), appointing a personal representative, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries or heirs under Alabama Code Title 43. Alabama probate typically takes 9 to 18 months for an uncontested estate, with contested estates or those involving real property disputes, will challenges, or complex asset valuations extending the timeline significantly. Parsons Firm, PC guides personal representatives and beneficiaries through every stage of the Alabama probate process — from the initial petition through final distribution and court closure.
When an Alabama resident dies without a valid will — referred to as dying intestate — the Alabama Probate Code, Title 43, Chapter 8, determines how the estate is distributed among surviving family members. Alabama's intestacy statute prioritizes the surviving spouse and children, with distribution formulas that vary based on whether the decedent left a spouse, children from the marriage, children from prior relationships, or no direct descendants. Parsons Firm, PC represents families navigating intestate estates in Tuscaloosa — identifying the correct heirs, petitioning for Letters of Administration, and guiding the personal representative through distribution in compliance with Alabama's statutory scheme.
A will contest in Alabama is a formal legal proceeding filed in the Probate Court challenging the validity of a decedent's will on grounds including lack of testamentary capacity, undue influence, fraud, duress, or improper execution. Alabama law requires that a will contest be filed within six months of the will's admission to probate, with the burden of proof resting on the party challenging the will. Parsons Firm, PC represents both contestants and proponents of wills in Alabama probate court — evaluating the medical records, witness testimony, and circumstantial evidence that determine whether a will reflects the decedent's true intentions or was the product of external pressure.
An Alabama personal representative — also called an executor when named in a will — has fiduciary duties to the estate's beneficiaries and creditors that include marshaling and inventorying estate assets, notifying creditors and paying valid claims, filing required tax returns, managing estate property during administration, and distributing remaining assets to the correct beneficiaries in the correct proportions. Personal representatives who breach their fiduciary duties face personal liability to beneficiaries for losses caused by mismanagement, self-dealing, or failure to follow the Alabama Probate Code. Parsons Firm, PC represents personal representatives in fulfilling their duties and defending against claims of fiduciary breach.
Not every Alabama estate requires formal probate. Assets held in revocable living trusts, jointly owned property with right of survivorship, accounts with designated beneficiaries (such as life insurance, IRAs, and payable-on-death bank accounts), and property held in transfer-on-death deeds pass outside the probate process. Estates consisting entirely of non-probate assets may require no court involvement at all.
Alabama creditors have six months from the date of first publication of the notice to creditors to file a claim against the estate. Claims filed after the six-month period are generally barred under Alabama Code Section 43-2-350, subject to limited exceptions for creditors who were not properly notified.
An Alabama will contest must be filed within six months of the will's admission to probate. Once the estate has been fully administered and the Probate Court has entered a final decree of distribution, challenging the will becomes significantly more difficult and may require reopening the estate — a process that courts grant only in limited circumstances.
In Alabama, an executor is the person named in a will to administer the estate, while an administrator is appointed by the Probate Court when the decedent died without a will or when the named executor is unable or unwilling to serve. Both are referred to collectively as personal representatives under the Alabama Probate Code and carry identical fiduciary duties.
An Alabama probate estate includes assets owned solely in the decedent's name at death without a designated beneficiary, including real property, bank accounts, investment accounts, personal property, vehicles, and business interests. Assets with named beneficiaries, jointly held property, and trust assets pass outside the probate estate.
Alabama probate costs include court filing fees, publication costs for the creditor notice, personal representative bond premiums (when required), and attorney fees. Attorney fees in Alabama probate matters are typically billed hourly or on a percentage of the estate value, depending on complexity. Parsons Firm, PC offers a free initial consultation to discuss the estimated cost of probate administration for a specific estate.
A properly funded revocable living trust can avoid Alabama probate for assets transferred into the trust during the grantor's lifetime. Real property, bank accounts, and investment accounts titled in the name of the trust pass directly to successor trustees and beneficiaries without court involvement. Parsons Firm, PC advises clients on whether a living trust is appropriate for their estate planning goals.
Alabama real property owned solely by a decedent who died without a will passes to the decedent's heirs at law under Alabama's intestacy statutes, Title 43, Chapter 8. The property typically requires a probate proceeding to establish the heirs' ownership and clear title for future sale or transfer. Without a probate proceeding, the heirs hold undivided interests in the property that cannot be conveyed with insurable title.
Probate is complex — but you don't have to navigate it alone. Parsons Firm, PC has guided Tuscaloosa families through Alabama probate for over 45 years. Call (205) 349-5500 or schedule your free consultation today.
Free initial consultation • Parsons Firm, PC • Tuscaloosa, Alabama
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Parsons Firm, PC
2909 7th Street
Tuscaloosa, AL 35401
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Managing Partner
Alabama State Bar member since 1978. Over 48 years serving Tuscaloosa families and businesses.
