Colvin & Sawyer Law Offices is here to help you navigate legal challenges with confidence. Planning for tomorrow. Protecting what matters today.
  • Mail:4 Office Park Circle
    Suite 305
    Mountain Brook, AL 35223
  • Call:(205) 202-9801
  • Email:christopher@colvinlawgroup.com
Probate & Estate Administration

Alabama Probate Attorneys

Guiding families through Jefferson County, Shelby County, and Montgomery County probate courts with clarity, compassion, and experienced legal support. Serving Birmingham, Mountain Brook, Hoover, Vestavia Hills, and communities across Alabama.

Schedule a Consultation Call (205) 202-9801

Losing a loved one is one of life's most difficult experiences. When a family member passes away in Birmingham, Mountain Brook, Hoover, Vestavia Hills, or anywhere across Alabama, the legal process of settling their estate can feel overwhelming on top of grief. At Colvin & Sawyer Law Offices, attorney Valerie Sawyer focuses her practice on probate and estate administration, guiding Alabama families through every filing, deadline, and court appearance so you can focus on your family.

Whether your loved one left a will, died without one, or the estate is heading toward a dispute, we handle probate matters in Jefferson County, Shelby County, and Montgomery County probate courts, from straightforward small estates to contested administrations.

"Probate doesn't have to be a source of added pain. With the right legal team guiding you, it can be a manageable, orderly process, even in difficult times."

What Is Probate in Alabama?

Probate is the court-supervised legal process of administering a deceased person's estate. It confirms the validity of a will (if there is one), gives creditors the opportunity to file claims, and ensures assets are legally transferred to heirs under court oversight. In Alabama, probate is filed in the county where the deceased lived, most commonly Jefferson County Probate Court or Shelby County Probate Court for Birmingham-area families.

Not all assets go through probate. Life insurance with a named beneficiary, retirement accounts, jointly held property, and assets held in a revocable living trust all pass outside of probate. But assets owned solely in the deceased's name must go through the court process before they can be transferred to heirs.

Letters Testamentary vs. Letters of Administration

Before anyone can legally act for an estate, the probate court must issue formal authority. When there is a valid will, the court issues letters testamentary to the executor named in the will. When there is no will, the court appoints an administrator under Alabama's priority statutes and issues letters of administration. Banks, title companies, and the Alabama Department of Revenue will not recognize anyone's authority over estate assets without these letters. Obtaining them correctly, and quickly, is the first thing we handle for every family.

The Alabama Probate Process, Step by Step

Every estate is different, but Alabama probate follows the same general sequence. Here is what to expect:

1

File the Petition

We prepare and file the petition for probate (with the will) or for letters of administration (without one) in the probate court of the county where your loved one lived.

2

Court Appoints the Personal Representative

The court validates the will if one exists, holds any required hearing, and issues letters testamentary or letters of administration giving the personal representative legal authority to act.

3

Notify Creditors and Heirs

Alabama requires published notice to unknown creditors and direct notice to known creditors and heirs. This starts the six-month creditor claim period required by state law.

4

Inventory the Estate

We help the personal representative identify, secure, and value every estate asset: real estate, bank accounts, vehicles, business interests, and personal property.

5

Resolve Claims and Debts

Valid creditor claims are paid in the priority order Alabama law requires. Improper or inflated claims are disputed. Nothing is distributed to heirs until this is handled correctly.

6

Handle Taxes and Final Accounting

Final income tax returns are filed, any tax obligations are cleared, and a final accounting of everything received, paid, and remaining is prepared for the court.

7

Distribute Assets to Heirs

Remaining assets are distributed according to the will, or under Alabama's intestate succession laws when there is no will, including deed transfers for real property.

8

Close the Estate

We file the final settlement with the probate court, the personal representative is formally discharged, and the estate is closed.

Probate Services We Provide

Estate Administration

Full-service probate administration from opening the estate through final distribution, handling all court filings, creditor notifications, inventory, and accounting on your behalf.

Intestate Estates (No Will)

When a loved one dies without a will, we guide families through the intestate succession process and help establish the right administrator to manage the estate.

Will Probate & Validation

We handle filing the will with the probate court, obtaining letters testamentary, and ensuring the executor has full legal authority to manage the estate.

Contested Estates & Will Contests

When a will's validity is challenged, or should be, we represent personal representatives defending an estate and heirs raising legitimate contests on grounds like undue influence or lack of capacity.

Guardianships & Conservatorships

When a loved one can no longer manage their own affairs and no power of attorney exists, we petition the probate court for guardianship or conservatorship and guide families through the ongoing requirements.

Creditor Claims & Disputes

We evaluate creditor claims, dispute improper ones, and ensure debts are paid in the correct priority under Alabama law before any distribution to heirs.

Real Estate in Probate

From transferring real property to heirs to managing estate sales of Alabama homes, we handle all aspects of real property in probate.

Personal Representative Guidance

Serving as personal representative carries real legal responsibility. We advise and represent personal representatives throughout the process to prevent costly mistakes and personal liability.

How Long Does Alabama Probate Take?

Alabama law requires a minimum six-month creditor claim period, so no estate can close in less than six months. Simple estates typically close in six to nine months. Complex estates with real estate, multiple heirs, or disputes may take one to two years or longer. For a complete breakdown by estate type, read: How Long Does Probate Take in Alabama?

What Does Alabama Probate Cost?

Total probate costs in Alabama, including court fees, publication costs, personal representative compensation, and attorney fees, typically run 2 to 5 percent of the gross estate value. Where your estate falls in that range depends on its size, the assets involved, and whether disputes arise. We discuss costs openly at your first consultation so there are no surprises. For a full breakdown of what drives probate costs, read: What Probate Costs in Alabama, and for the process itself: Alabama Probate Process Explained.

Dealing with a loved one's estate in Alabama? We are here to help.

Call Colvin & Sawyer Law Offices at (205) 202-9801 or send us a message. We serve families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama.

Meet Your Probate Attorney

Valerie A. Sawyer

Attorney & Partner, Probate and Estate Planning

Valerie Sawyer focuses her practice on probate and estate planning, guiding Alabama families through estate administration in Jefferson, Shelby, and Montgomery County courts. Before her legal career, Valerie served in leadership roles with the Civil Air Patrol, including Squadron Commander and Alabama Wing Director of Recruiting and Retention, and worked as a special education teacher, experience that shaped the patience, clarity, and problem-solving her probate clients consistently describe.

Valerie is also a passionate advocate for veterans and remains active with veterans' organizations across Alabama. If your family is navigating probate alongside VA benefits or a veteran's estate, see our guide to estate planning for Alabama veterans.

Founding attorney Christopher Colvin works alongside Valerie on estates involving business interests, real estate, and contested matters, bringing his background in small business and contract law to complex administrations.

What Families Say

★★★★★

"Valerie Sawyer was absolutely amazing to work with. She was fast, efficient, and made the entire process so much less stressful. From the beginning, she took a huge weight off my shoulders and handled everything with professionalism and confidence."

Joy G.
Google Review
★★★★★

"Attorneys Chris and Valerie were most helpful and compassionate helping answer probate and will questions. Valerie was upfront and honest about choices, kind but direct with the truth of the situation and potential outcomes. I highly recommend Colvin Law Group for any will, probate, or estate needs."

Sallie W.
Google Review
★★★★★

"Valerie guided me through the probate and estate planning process with patience, clarity, and genuine care. Every question I had was answered promptly, and the compassion shown during a difficult time meant so much to my family."

Josh A.
Google Review

Probate Courts We Serve

Probate is local. Filing requirements, hearing schedules, and processing times vary by county, and we regularly handle estates in all three courts below.

Jefferson County

Birmingham and Bessemer division filings for families in Birmingham, Mountain Brook, Hoover, Vestavia Hills, Homewood, Trussville, Gardendale, and Bessemer.

Shelby County

Filings in Columbiana for families in Alabaster, Pelham, Helena, Chelsea, Hoover, and communities across Shelby County.

Montgomery County

Probate and estate administration for families in Montgomery and the surrounding River Region.

Find your local probate attorney page:

Planning Ahead for Your Own Family?

  • Time: Probate takes a minimum of six months, often one to two years for complex estates
  • Privacy: Everything filed in probate court becomes public record
  • The alternative: A properly funded revocable living trust distributes assets in weeks with no court involvement. See: Revocable Living Trusts and How to Avoid Probate in Alabama

Frequently Asked Questions

How much does a probate attorney cost in Alabama?

Total probate costs in Alabama, including court fees, publication costs, personal representative compensation, and attorney fees, typically range from 2 to 5 percent of the gross estate value. Every estate is different, so contact Colvin & Sawyer Law Offices at (205) 202-9801 to discuss your specific situation.

Do I need a probate attorney in Alabama?

Alabama does not require an attorney for probate, but the process involves complex filings, strict deadlines, and personal liability for the personal representative. Most families benefit significantly from experienced legal guidance, especially when the estate includes real estate, debts, or multiple heirs. More here: Do I Need a Probate Attorney in Alabama?

How long does probate take in Alabama?

Alabama law requires a minimum six-month creditor claim period, so no estate closes in less than six months. Simple estates typically close in six to nine months. Complex estates with real estate, multiple heirs, or disputes can take one to two years or longer.

What does a probate attorney do in Alabama?

A probate attorney guides the personal representative through every step: filing the petition, obtaining letters testamentary or letters of administration, notifying creditors, preparing the inventory, paying valid debts, distributing assets to heirs, and filing the final accounting with the court.

What happens if someone dies without a will in Alabama?

When someone dies without a will in Alabama, the estate passes under the state intestate succession statutes, and the probate court appoints an administrator to manage it. The court, not the family, decides who inherits according to a fixed legal order. We help families petition for the right administrator and navigate the process. See: What Happens If You Die Without a Will in Alabama?

Does every estate in Alabama have to go through full probate?

No. Alabama offers a simplified small estate process for qualifying estates with no real property, and many assets such as life insurance, retirement accounts, jointly owned property, and trust assets pass outside probate entirely. We can quickly tell you whether a shortened procedure applies. See: Alabama's Small Estate Affidavit Process

Can a will be contested in Alabama?

Yes. A will can be contested in Alabama on grounds such as lack of capacity, undue influence, fraud, or improper execution, within strict statutory deadlines. We represent both personal representatives defending an estate and heirs raising legitimate challenges.

Ready to Work with a Trusted Alabama Probate Team?

Christopher Colvin and Valerie Sawyer serve families throughout Birmingham, Mountain Brook, Hoover, Vestavia Hills, Homewood, Alabaster, Pelham, Helena, Chelsea, Trussville, Gardendale, Bessemer, and Montgomery.

Schedule a Consultation Call (205) 202-9801