Alabama Personal Representative Lawyer
An Alabama personal representative lawyer can help you if you or a loved one has been named as the executor of a loved one’s estate. This role is also referred to as a personal representative but is the individual who has the authority to and the responsibility to handle many different aspects of probate administration.
This can include things, such as gathering all of the different assets and size the deceased person’s probated estate, contacting creditors about the opening of the estate and giving them an opportunity to lodge a claim against estate assets, working with beneficiaries to keep them updated about the process of probate and how it is moving forward and distributing remaining assets to beneficiaries after probate is complete.
Reasons to Hire a Lawyer to Help You With an Estate
As a personal representative lawyer in Alabama can tell you, you cannot afford to make mistakes when serving in this role. This could end up exposing you to personal liability from beneficiaries who open lawsuits. It can be difficult to identify all of the assets in the probatable estate and it can also be difficult to work with beneficiaries of the estate when they do not believe you should have been appointed in the role, have questions about how probate works or are simply disgruntled with the outcome of the will.
In these circumstances, having a personal representative lawyer in Alabama at your side can help you to ensure that you have a clear understanding of what to expect and have the ability to communicate effectively with these beneficiaries as needed. In all of these circumstances, you don’t want to be the one asking these questions too late or attempting to find out what went wrong after the fact. A personal representative attorney in Alabama can help you understand the entire probate process.
You do not have to serve as personal representative if you do not want to. If you are unable or unwilling to do so, no one can force you to. This is so even if an Alabama last will and testament has your name as the personal representative of the estate. You will need to communicate with an attorney as soon as possible to refuse this role. By declining you allow someone else to serve.
Personal Representative in Alabama Role: What to Expect
A personal representative’s role is to handle estate administration including management of the probate estate for the benefit of interested parties. This includes paying all estate obligations, collecting all estate assets and distributing remaining assets to beneficiaries.
Who Is Eligible to Serve as Personal Representative?
If no one is named in the will the court must appoint someone to serve in the role of personal representative. They must name someone who is willing and able and this person has the opportunity to decline as well. The court must choose a personal representative over age 19, someone who is mentally fit and no one who is convicted of an infamous crime.
Preference is given to spouses, next of kin, largest in state creditors and any other person except in counties of over 400,000 people which makes the general administrator or the country administrator next in line behind the biggest in state creditor of the estate. The personal representative in Alabama does not need to be a resident of the state but if there is no will then the personal representative must be an Alabama resident. To understand these specific roles and to get more questions answered, schedule a consultation with a lawyer.