Losing a family member is one of life’s most difficult transitions. When you are grieving, the thought of navigating the court system can feel overwhelming. At Holliman & Holliman, our experienced Birmingham probate lawyers are here to lift that weight off your shoulders. We guide Personal Representatives and families through the probate process in Jefferson and Shelby Counties with clarity, compassion, and efficiency.
Whether your loved one left a detailed Will or passed away without a plan, we provide the steady hand you need to settle debts, distribute assets, and close the estate correctly.
Probate is the court-supervised legal process of validating a deceased person’s Last Will and Testament, satisfying final debts, and transferring the remaining assets to the rightful beneficiaries.
In Birmingham and the surrounding areas, this process generally involves:
Filing a Petition: Submitting the Will (if one exists) and a petition to the appropriate Probate Court (Jefferson or Shelby County) to open the estate.
Appointing a Representative: The court issues “Letters Testamentary” (if there is a Will) or “Letters of Administration” (if there is no Will), granting legal authority to an Executor or Administrator.
Notifying Creditors: Under Ala. Code § 43-2-350, creditors must be given a six-month window to file claims against the estate. The estate generally cannot be closed until this statutory period expires.
Inventorying Assets: Identifying bank accounts, real estate, vehicles, and investment portfolios.
Final Distribution: Once debts, taxes, and expenses are paid, the remaining property is legally transferred to heirs.
You may be searching for “probate lawyers near me” because you aren’t sure which court to file in or how to handle complex family dynamics. Our team handles every step of estate administration.
1. Proving the Will (Testate Estates)
If your loved one left a valid Will, we assist the named Executor in admitting the Will to probate. We handle the paperwork required to validate the document and defend it against any potential contests or challenges.
2. Intestate Administration (No Will)
If a family member passes away without a Will (intestate), Alabama state law determines how assets are divided. This is governed by Ala. Code § 43-8-40 through § 43-8-42.
Crucial Note: If a spouse survives but there are also surviving children or parents, the spouse does not automatically inherit the entire estate.
We help you petition for Letters of Administration and ensure the estate is distributed strictly according to these laws.
3. Small Estate Summary Distribution
Not every estate requires a lengthy court process. Under the Revised Alabama Small Estates Act (Ala. Code § 43-2-692), if the estate is valued below the statutory limit and includes no real estate, you may qualify for a streamlined process.
Current Limit: As of 2025/2026, the limit is approximately $47,000 (adjusted annually for inflation).
This is a faster, less expensive alternative to full probate for qualifying Birmingham families.
4. Disputes and Litigation
While we strive for amicable resolutions, disputes can arise between beneficiaries or creditors. Our firm provides strong representation to protect the estate’s interests and ensure your loved one’s final wishes are honored.
We are not just attorneys; we are members of the Birmingham communities. We treat every client like family.
Local Knowledge: We navigate the specific procedures of the Jefferson County (Birmingham & Bessemer) and Shelby County Probate Courts regularly.
Clear Communication: We explain complex legal terms in plain English, keeping you informed at every turn.
Holistic Approach: Beyond probate, we offer comprehensive Elder Law and Estate Planning services to help you plan for the future.
Ready to secure your family’s future today?
At Holliman & Holliman, we’re here to help families in Birmingham and nearby communities like Alabaster, Helena, Hoover, and beyond. Whether you need to protect your assets or develop a long-term care strategy, our team is ready to provide the guidance you deserve.
At Holliman & Holliman, PLLC, we take pride in delivering personalized, compassionate service that helps families in Birmingham and the surrounding areas plan for their future with confidence. Our dedication to excellence in elder law and estate planning has earned the trust and appreciation of countless clients over the years.
Don’t just take our word for it—check out the Google reviews showcased below to see how we’ve made a difference for families just like yours.
Located in Birmingham, our office is easily accessible for clients throughout Shelby County and the surrounding areas. We proudly serve families in Pelham, Alabaster, Helena, Hoover, and more.
Call us today: 205-663-0281
