Probate Attorney in Huntsville, Alabama
In Huntsville, Alabama, probate is the process through which a Court determines if a will is valid or not.
In the probate process, a Huntsville, Alabama probate court has several 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 determined to be valid, the court will distribute the property according to its terms.
The executor of the estate is commonly named in the will. If not, the probate court in Huntsville, Alabama will name will appoint a person to serve as executor. This is usually the person who stands to inherit the most under the will.
The executor is the person who has to get the ball rolling on the probate process, and essentially serves as a living embodiment of the decedent's estate. It is their job to defend the estate from debtors (if a legitimate defense for the debt exists, of course), and wind up any legal proceedings that the decedent might have been involved in. If an executor needs to be appointed, a court usually chooses the person who will inherit the most if the will is given effect, since that person will have the most incentive to carry out the duties of the executor.
Duties of the Executor in Huntsville, Alabama
Executors of estates have a several distinct responsibilities. First, the executor must start the probate proceedings. Probate almost always needs to be completed before the property in an estate can be released according to the terms of the will.
They also are required to provide notice to the people with a direct interest in the estate that the decedent has died, usually by filing a death certificate.
There may be many 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 difficult to find, but they need to be found, nonetheless. To that end, the executor is required 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. Additionally, they have to make known all of the decedent's major assets and debts.
Because the executor serves as the living embodiment of the decedent's estate, they are solely responsible for proving the validity of the will. This is a lot of work, but because executors are usually chosen based on how much they stand to inherit from a will once its validity is confirmed, they have a good incentive to see the process to completion.
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How Can A Huntsville, Alabama Lawyer Help?
Because of the complexities involved in probate, it would be smart to hire a good Huntsville, Alabama probate lawyer, especially if you are the executor of an estate and unsure how to proceed.
There are 51 Wills, Trusts and Estates cases posted in Huntsville
Cases Posted to LegalMatch listed by ZIP Code:Probate Attorneys in the Largest AL Cities
Life in Huntsville
With close to 180,000 residents, Huntsville Alabama is a city that is home to some major attractions. Located in the Northern region of Alabama, Huntsville was named on "America's Dozen Distinctive Destinations for 2010 by the National Trust for Historic Preservation. How did Huntsville get this honor? Because of the great amount of civil war history, NASA rockets, and beautiful geography Huntsville has to offer its residents and visitors alike.
Huntsville is located in the Tennessee River Valley, a location that lends itself to hot summers and mild winters. Because of its location, Huntsville also has tornadoes in the spring and fall.
The Marshall Flight Center is another major point of interest in Huntsville. Dedicated by President Eisenhower, the presence of the flight center has given Huntsville its nickname-- "Rocket City" and has been home to some great space developments since the 1950's.
Professional industries also thrive in Huntsville. Huntsville lawyers are a great asset to the city and the overall legal profession. Lawyers specializing in a range of practices are available to serve their clients with any legal need he or she may have. Huntsville is simply a great place to work, live, and play.
