The Alabama probate process can create complications in the aftermath of a loved one’s death. Taking the time to educate yourself on this process can make it less stressful. Touch base with Rockpoint Probate Funding today to see how we can help you survive this process.
The Alabama Probate Process
Did a loved one die and name you as an heir to their inheritance? If so, you’ll need to work your way through Alabama probate before securing cash or other assets. During the probate process, a local court in Alabama can legally validate your loved one’s will and ensure you receive the right assets.
Before you begin the Alabama probate process, familiarize yourself with the Yellowhammer State’s inheritance laws, which are listed under Title 43, Chapter 8 of the Code of Alabama. Learn about how long the probate process can take, too, and find out how you can access an Alabama probate cash advance through a trusted company like Rockpoint Probate Funding.
Is Probate Required in Alabama?
Yes, probate is required in Alabama on qualified estate assets. The probate process protects the assets included in a person’s will while fulfilling their final wishes. Only assets located in Alabama can receive legal validation during probate.
How Long Do I Have To File Probate After a Loved One’s Death in Alabama?
Families often choose to file probate for a loved one’s will within weeks of their death in Alabama. You can, however, wait up to five years to start the AL probate process. Anyone in possession of a person’s will can put it through probate within this timeframe.
A will executor typically chooses when to file probate after a loved one’s death in Alabama. One of the main executor responsibilities is deciding when to begin the Alabama probate process so a loved one’s assets can be distributed.
How Can I Avoid Probate in Alabama?
In many instances, you won’t have the option to avoid probate in Alabama. Any probate assets included in your loved one’s will must go through the probate process. But you might have the option to shorten the process if a will contains non-probate assets that transfer to heirs automatically, such as:
- Bank accounts
- Real estate
- Retirement accounts
- Life insurance policies
- Vehicles
How Long Does Probate Take in Alabama?
It’s difficult to pinpoint the exact time that Alabama probate takes. It often comes down to how large of an estate a person leaves behind.
The small estate probate process tends to play out quickly. Under the Alabama Small Estates Act, any estate worth less than $36,030 can receive legal validation within just weeks. The large estate probate process can last for months and sometimes even years because of all the potential disputes that can arise.
Either way, here is a general overview of the steps involved with the Alabama probate process:
- A person’s will is filed with the probate court in the Alabama county in which they lived.
- The executor of a person’s will receives permission from the court to carry out their responsibilities.
- The executor publishes a notice of a person’s will in a local newspaper to alert heirs, creditors, etc.
- The executor takes inventory of a person’s assets and arranges for appraisals for high-priced items.
- The executor takes care of any debts related to a person’s estate and files taxes on their behalf.
- The executor starts distributing assets.
An executor will also pay any fees associated with the probate process using funds from a person’s estate.
What Happens If My Loved One Dies Without a Will in Alabama?
According to a 2021 Gallup survey, fewer than half of American adults have wills. If your loved one dies without a will, you won’t go through the typical Alabama probate process. Instead, you’ll go through a process called intestate succession that involves a court distributing assets based on state laws.
Here’s how assets are distributed:
- A person’s surviving spouse inherits all assets if the person dies without children
- A person’s surviving children receive all assets if they don’t have a living biological parent left
- A person’s surviving spouse and children inherit all assets together, with each receiving percentages of the assets
- A person’s surviving parents inherit all assets if a person dies without a spouse or children
- A person’s surviving parents and siblings inherit all assets if they’re the closest surviving family members left
Does Alabama Have an Estate or Inheritance Tax?
No, Alabama doesn’t have an estate or inheritance tax. Many other states do have this tax, though, so if your loved one owned any assets in one or more of them, you may be subjected to paying taxes on assets.
Can I Access Money Before Probate Is Over?
Many Alabamians are surprised to see how long it can take for the probate process to end. If you would like to explore the idea of accessing money from an inheritance before your loved one’s probate is over, Rockpoint Probate Funding can help. Simply supply us with basic information about yourself and the inheritance you expect to receive, and we can assist you in collecting a probate cash advance.
What Is the Rockpoint Probate Funding Process in Alabama?
Interested in securing a probate cash advance from Rockpoint Probate Funding? We strive to make it as simple as possible for families to move through our quick probate cash advance process. It works like this:
- Schedule a free consultation with Rockpoint Probate Funding to learn about our probate cash advance offers.
- Allow Rockpoint Probate Funding to review your loved one’s will and probate paperwork.
- Receive a probate cash advance within just 24 hours if you’re approved for one.
- Repay us later with a portion of your inheritance and keep the rest of it for yourself.
Contact Rockpoint Probate Funding for Probate Cash Advances in Alabama
When you’re grieving the loss of a loved one, going through the Alabama probate process can make your life unnecessarily complicated. Steer clear of the usual stress by trusting Rockpoint Probate Funding to provide a probate cash advance. Call us at (888) 263-8588 for more information.
