ALABAMA & FLORIDA ATTORNEY
Probate, Wills & Estate Planning
Keith Preston has helped Alabama and Florida families navigate probate, draft wills, and create comprehensive estate plans since 1994. When a loved one passes, or when you are ready to protect your family’s future, Preston Law Office is here to guide you through every step.
Probate & Estate Services
Whether you need to administer a loved one’s estate, plan your own, or address complex title and property issues, Preston Law Office provides full-service legal guidance in probate and estate law across Alabama and Florida.
Probate Administration
When a loved one passes away, their estate often must go through Alabama probate court. Preston Law Office handles the full probate process — filing the Petition for Probate, qualifying the personal representative, notifying creditors, inventorying and appraising assets, paying debts, and distributing property to heirs and beneficiaries. We serve Jefferson County Probate Court, Shelby County, and surrounding jurisdictions.
Wills & Trusts
A properly drafted Will ensures your property goes to whom you choose, your minor children have a guardian of your selection, and your estate passes with minimum court involvement. We draft simple Wills, complex testamentary trusts, and revocable living trusts for both Alabama and Florida clients. We also assist with trust administration when a trustee needs guidance in carrying out the trust’s terms.
Power of Attorney
A durable Power of Attorney allows a trusted person to manage your financial affairs if you become incapacitated. A Healthcare Proxy or Medical Power of Attorney designates who can make medical decisions on your behalf. These documents are essential components of a complete estate plan — and they can prevent costly and intrusive guardianship proceedings later.
Guardianship & Conservatorship
When an adult can no longer manage their own affairs due to incapacity, Alabama law requires court-supervised guardianship (personal care decisions) and conservatorship (financial management). We represent family members seeking appointment as guardian or conservator, and we handle the required annual accountings and reporting to the probate court throughout the guardianship.
Small Estate Affidavit
Not every estate requires full probate proceedings. Alabama law allows estates under certain thresholds to pass through a simplified Small Estate Affidavit process, avoiding the time and cost of a formal probate. We evaluate every estate to determine whether a small estate procedure, summary distribution, or other streamlined process is available.
Heir Property & Quiet Title
When property has passed through generations without a formal will or deed — often called “heir property” — the title becomes clouded with multiple heirs having undivided interests. We bring Quiet Title actions to establish clear ownership, enabling heirs to sell, finance, or convey the property. This is particularly common with family property that has been in Alabama families for generations.
Estate Tax Planning
For larger estates, strategic planning can significantly reduce federal estate tax exposure. We work with your financial advisors to structure your estate plan using annual gift exclusions, irrevocable trusts, charitable giving strategies, and other tools to preserve more of your estate for your heirs rather than the IRS.
Will Contests & Estate Disputes
When family members disagree about the validity of a will, the actions of a personal representative, or the distribution of an estate, litigation may become necessary. We represent both those challenging a will on grounds of undue influence or lack of capacity, and personal representatives defending an estate against improper claims.
The Alabama Probate Process
Alabama probate is handled in the county Probate Court where the deceased resided. A typical estate takes six months to one year to fully administer, though complex estates or those involving disputes may take longer. Here is what to expect at each stage.
Step 1: Filing the Petition
We file a Petition for Probate of Will (if there is a will) or a Petition for Letters of Administration (if there is no will) in the county Probate Court. The court appoints a personal representative — either the executor named in the will or an administrator selected by the court — and issues Letters Testamentary or Letters of Administration.
Step 2: Notice & Creditor Claims
Alabama law requires publication of a Notice to Creditors in a local newspaper for three consecutive weeks. Creditors then have six months from the date of first publication to file claims against the estate. We handle all required notices and evaluate each creditor claim for validity, negotiating reductions where appropriate.
Step 3: Inventory & Appraisal
Within 60 days of appointment, the personal representative must file a complete inventory of the estate’s assets with appraised values. This includes real property, bank accounts, investments, vehicles, personal property, and any business interests. Accurate inventory is critical for proper distribution and any required tax filings.
Step 4: Pay Debts & Taxes
Valid creditor claims, funeral expenses, estate administration costs, and any taxes owed must be paid before distribution to heirs. Alabama has no state estate tax, but federal estate tax may apply to larger estates. We coordinate with accountants and financial advisors to ensure all tax obligations are properly addressed.
Step 5: Distribution & Final Settlement
Once all debts and taxes are paid, the remaining assets are distributed to heirs and beneficiaries according to the will — or according to Alabama’s laws of intestacy if there is no will. We prepare the final settlement, obtain court approval, and handle any deeds or other instruments needed to transfer real property to the new owners.
We Handle the Legal Work. You Handle the Healing.
Probate and estate matters are difficult enough without having to navigate the legal system alone. Keith Preston has guided Alabama and Florida families through this process for 30 years. Let us carry the legal burden for you.