Probate Attorney in Birmingham, Alabama
In Birmingham, Alabama, probate is the process through which a Court decides if a will is valid or not.
In the probate process, a Birmingham, Alabama probate court has various duties, including ruling on a will's validity, making an inventory of the estate's assets, and making note of all the decedent's debts. Once the will is decided to be valid, the court will distribute the property according to its clauses.
The executor of the estate is frequently named in the will. If not, the probate court in Birmingham, Alabama will name will appoint a person to serve as executor. This is typically the person who stands to inherit the most under the will.
Because the executor is responsible for truly initiating probate proceedings and seeing them to finalization, the person chosen for this role is often the one who stands to inherit the most from the will - giving them an incentive to put in the necessary time and effort.
Duties of the Executor in Birmingham, Alabama
Executors of estates have a various distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be done before the property in an estate can be released according to the terms of the will.
Executors must also alert anyone with an interest in the will of the death of the decedent. Persons with an interest in the outcome of probate are those who are named in the will, or anyone who would likely inherit if the will is invalidated (close relatives, for the most part).
There may be numerous people who are entitled to take under a testator's will, with which the testator may have fallout out of touch years ago. This can make them challenging to find, but they need to be found, nonetheless. To that end, the executor is obliged to make a list of everyone who might be able to inherit, whether they're named in the will, or closely related to the testator. Furthermore, they have to make known all of the decedent's major assets and debts.
Moreover, the executor is obligated to take the lead in establishing the validity of the will, effectively acting as the living embodiment of the decedent's estate. The executor is typically the person who will inherit the most once the will goes through probate, so they have a good reason to put in the work to do this.
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How Can A Birmingham, Alabama Lawyer Help?
Because of the difficulties inherent in the probate process, it is a good idea to hire an efficient Birmingham, Alabama probate lawyer, particularly for the executors of estates.
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Life in Birmingham
As Alabama's biggest city with over 225,000 people, Birmingham is also the county seat for Jefferson County. The greater metropolitan area of Birmingham is estimated to have a population exceeding 1.25 million.
Founded in 1871, Birmingham has a diversified economy, with an original base of manufacturing other businesses and industries such as banking, transportation, telecommunications, power transmission, education, medical care, and insurance have all risen in importance. Coal mining remains a large business and the trucking industry has grown with the advent of the interstate highway system.
Birmingham, AL is an excellent place for those in the legal profession, with prestigious law schools such as the Birmingham School of Law, Cumberland School of Law and the University of Alabama School of Law located there. The telephone directory lists over 3800 Birmingham lawyers.