Probate Attorney in Prattville

Filing & Timelines at the Autauga County Probate Court

Estate administration in Prattville begins with a petition to the Autauga County Probate Court, which has jurisdiction over probate matters for residents domiciled in the county. The petition asks the court to issue Letters Testamentary (when a will exists) or Letters of Administration (when there is none). These letters are the official authority that allows a personal representative to act on behalf of the estate. Heirs, beneficiaries, and other interested parties must receive notice of the hearing at least 10 days in advance, and Autauga County participates in Alabama’s AlaFile electronic filing system.

Alabama law imposes a mandatory six-month creditor claims period, which means even straightforward estates can’t be fully closed in less than six months. Complex or contested estates often take a year or more. Our attorneys manage the filings and guide personal representatives through each step of the proceedings so nothing falls through the cracks.

Duties of the Personal Representative

Once appointed, the personal representative, called an executor if named in the will or an administrator if court-appointed, carries significant legal responsibilities. Alabama generally requires the personal representative to inventory and appraise estate assets within two months of appointment.

The ongoing duties include:

• Paying valid creditor claims and covering administrative expenses during the creditor claims period
• Filing required federal and state tax returns for the decedent and the estate
• Distributing assets to beneficiaries according to the will or Alabama’s intestate succession laws
• Filing a final settlement and petition for discharge to formally close the estate with the court

Alabama typically requires a personal representative to post a bond unless it’s waived in the will. The probate judge retains discretion to require a bond even when a waiver exists.

Alabama’s Small Estate Summary Distribution Option

Not every estate requires full probate administration. Alabama’s summary distribution process offers a simplified path for qualifying estates. Effective October 1, 2025, the Revised Alabama Small Estates Act raised the threshold to approximately $47,000 in personal property, up from roughly $36,030, with the amount adjusting periodically for inflation based on the Consumer Price Index.

Two important limitations apply:

• Personal property only. If the estate includes real estate that must pass through probate, summary distribution isn’t available regardless of total estate value.
• Simplified filing. The surviving spouse, or another person entitled to an interest in the estate if there is no surviving spouse, files a verified petition and publishes notice. The probate court can then order direct distribution to heirs without appointing a personal representative.

Whether summary distribution fits your situation depends on the estate’s composition. We can help you assess which process applies.

Contested Estates & Probate Disputes

Probate doesn’t always proceed without conflict. Beneficiaries may challenge the validity of a will, question how the personal representative is handling the estate, or disagree over asset distribution. These disputes call for litigation experience, not just estate planning knowledge.

Alabama law generally requires a will to be admitted to probate within five years of the decedent’s death. After that window closes, the estate is distributed under intestate succession rules instead. Because McDowell Faulk & Shirley’s practice includes litigation alongside estate and probate work, our attorneys can handle a will contest or estate dispute from start to finish, in the same firm, with the same understanding of your family’s situation.

If you’re managing an estate in Autauga County or facing a probate dispute, contact our probate attorneys in Prattville at (334) 380-4252 to discuss your circumstances.