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) 202-9801Losing 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."
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.
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.
Being named executor or administrator can feel like being handed a second job at the worst possible moment. There are court filings with deadlines, creditors to notify, assets to track down, and family members waiting on answers, all while you are grieving.
Our role is to carry the administrative and legal side: the filings, the notices, the deadlines, the asset questions, and the court requirements, so you can focus on your family while knowing the estate is moving forward correctly.
You do not need to have everything organized before contacting us. If you have them, these help us give you a clear picture on the first call:
Not sure what exists? That is completely normal, and it is not a reason to wait. Part of our job is helping you figure out what actually belongs in the estate and what passes outside it.
Every estate is different, but Alabama probate follows the same general sequence. Here is what to expect:
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.
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.
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.
We help the personal representative identify, secure, and value every estate asset: real estate, bank accounts, vehicles, business interests, and personal property.
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.
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.
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.
We file the final settlement with the probate court, the personal representative is formally discharged, and the estate is closed.
Opening and managing the estate account through which estate funds flow, keeping estate money properly separated from personal funds.
Where an estate qualifies, Alabama's simplified summary distribution process can avoid a full administration. We determine whether it applies and handle the petition.
When someone lived outside Alabama but owned real estate or other property here, a separate Alabama proceeding may be required. We handle it and coordinate with counsel in the home state.
Determining whether the will, the type of administration, or the court requires a bond, and handling the related filings.
Estates that include a business interest raise questions most probate firms are not set up for. Our business law practice handles operating agreements, buy-sell terms, and ownership transfer alongside the estate.
Full-service probate administration from opening the estate through final distribution, handling all court filings, creditor notifications, inventory, and accounting on your behalf.
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.
We handle filing the will with the probate court, obtaining letters testamentary, and ensuring the executor has full legal authority to manage the estate.
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.
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.
We evaluate creditor claims, dispute improper ones, and ensure debts are paid in the correct priority under Alabama law before any distribution to heirs.
From transferring real property to heirs to managing estate sales of Alabama homes, we handle all aspects of real property in probate.
Serving as personal representative carries real legal responsibility. We advise and represent personal representatives throughout the process to prevent costly mistakes and personal liability.
Alabama Code Section 43-2-350 requires claims to be presented within six months after letters are granted or five months after first publication, whichever is later, so a traditional administration cannot be wrapped up quickly. 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?
There is no single percentage that answers this. Alabama does not set a statutory probate fee based on estate value, and cost tracks the complexity of the estate far more than its size. Two estates worth the same amount can cost very different sums to administer.
What goes into it: court filing fees, publication of the creditor notice, attorney fees, personal representative compensation, and any appraisal, accounting, or property costs the estate requires. We discuss the likely scope of representation and expected fees before work begins, so you know what to expect. For the actual Jefferson County fee schedule and how attorneys bill, read: What Probate Costs in Alabama.
Probate is not only for the person running the estate. We represent:
Sometimes the problem is not the process, it is the people. If you are a beneficiary and the estate has gone quiet, if no accounting has been provided, if property was sold in a way that does not sit right, or if distributions seem uneven, those are worth taking seriously.
An Alabama personal representative is a fiduciary. They can be required to account for the administration, and where circumstances justify it, a court can remove them and hold them liable for losses. Equally, if you are the executor and a family member is accusing you of something, having counsel who can document that you handled the estate properly matters. See executor duties, powers, and accountability in Alabama.
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.
"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."
"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."
"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."
Probate is local. Filing requirements, hearing schedules, and processing times vary by county, and we regularly handle estates in all three courts below.
Birmingham and Bessemer division filings for families in Birmingham, Mountain Brook, Hoover, Vestavia Hills, Homewood, Trussville, Gardendale, and Bessemer.
Filings in Columbiana for families in Alabaster, Pelham, Helena, Chelsea, Hoover, and communities across Shelby County.
Probate and estate administration for families in Montgomery and the surrounding River Region.
Find your local probate attorney page:
There is no standard percentage. Alabama does not set a probate fee based on estate value, and cost depends far more on the complexity of the estate than its size. The total includes court filing fees, publication, attorney fees, and personal representative compensation. Call Colvin & Sawyer Law Offices at (205) 202-9801 to discuss your specific estate.
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?
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.
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.
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?
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
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.
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