Montgomery Probate Lawyer

Probate representation grounded in over 20 years of work on behalf of Alabama families and estates.

If you’ve recently lost a family member and need to settle their estate in Montgomery, the legal process ahead can feel overwhelming. Court filings, creditor claims, asset valuations, and disagreements among heirs are difficult to manage grieving. Our Montgomery, AL probate lawyer handles estate administration, will contests, asset protection, and probate litigation for families throughout the Montgomery area. Bachus, Brom & Taylor, LLC has served Alabama clients for over two decades. Schedule a consultation to discuss your probate matter.

Probate Lawyer Montgomery, AL

What happens when someone dies with or without a will in Alabama?

Probate is the court-supervised process of settling a deceased person’s estate. That means validating a will if one exists, identifying assets, appraising property, paying debts and taxes, and distributing what remains to the people entitled to it. When no will exists, Alabama intestacy statutes decide who inherits. Those default rules don’t always line up with what the family expected.

Not every estate requires full court proceedings. Small estates may qualify for simplified procedures. But larger or disputed estates, particularly those with real property in other states, can involve hearings, formal accountings, and contested motions that stretch the case out for a year or more. A Montgomery probate lawyer helps families move through each of these stages, whether the path is clear or complicated.

Types of Probate Cases We Handle in Montgomery

Probate touches nearly every aspect of what a person leaves behind. Some cases are clean, backed by a valid will, cooperative beneficiaries, and modest assets. Others involve missing documents, family conflict, or holdings that take months to untangle. Below are the matters our firm handles most often.

• Estate administration. Someone has to file the will, open the estate with the court, track down bank accounts and property deeds, deal with creditors, and eventually get assets into the right hands. That person is the executor. Most executors have never done this before. We walk them through the filing deadlines, the notices Alabama requires, and the accounting the court expects at the end.
• Intestate succession. No will means Alabama’s default inheritance rules apply. A surviving spouse might assume they inherit everything. They often don’t. Children, parents, even siblings can have statutory claims depending on who survived the decedent. We’ve represented families where four potential heirs each believed they were entitled to the house. Sorting that out requires someone who knows how the statute actually works.
• Will contests. Maybe a relative was added to the will three weeks before death. Maybe the handwriting doesn’t match. Or maybe one sibling had power of attorney and used it to rewrite the entire estate plan. These challenges, whether based on capacity, undue influence, fraud, or execution defects, can halt probate entirely. We handle both sides. Sometimes we are defending a valid will. Other times we are the ones filing the challenge.
• Probate litigation. An executor who refuses to account for estate funds. A trustee distributing assets before debts are paid. A beneficiary locked out of information they’re legally entitled to. These situations go beyond routine probate. They require motions, discovery, and sometimes trial. We represent executors, beneficiaries, and creditors in these contested matters.
• Asset protection. Inherited property can attract creditors, lawsuits, and tax consequences the family never anticipated. We help structure protections under Alabama law so that what was meant for the next generation actually reaches them.
• Estate tax planning. The federal estate tax exemption is high, but it isn’t permanent. And for estates that do cross the threshold, the tax bill arrives fast. We advise families on transfers, trusts, and timing, working to reduce inherited tax burdens where the law allows it.
• Living trusts. A funded trust bypasses probate. Assets held in trust transfer to beneficiaries without court involvement. But when a trust was created and never properly funded, the assets that should have been in it end up in probate anyway. We resolve those gaps during administration.
• Guardianship and conservatorship. A parent dies and leaves behind a twelve-year-old. Or an elderly person loses their caretaker and has no one legally authorized to step in. The probate court appoints guardians in these situations. When multiple family members want the role, or when someone objects to the proposed guardian, we handle the contested hearing.

Why Choose Bachus, Brom & Taylor, LLC for Your Probate Lawyer in Montgomery, AL?

Alabama Probate Knowledge Built Over Two Decades

Steven Brom has practiced law in Alabama since 2001. His work covers probate, estate planning, and trusts alongside corporate governance and commercial litigation. He earned a Bachelor of Arts in History from the University of Georgia and a Juris Doctor from the University of Colorado School of Law. He is admitted to the Alabama State Bar, the Birmingham Bar Association, and the U.S. Court of Appeals for the Eleventh Circuit.

Twenty years produces a lot of probate cases. From straightforward administrations to contested wills, and estates with business interests, our firm has handled it all. That range matters because no two estates look alike, and the problems that surface during probate are rarely the ones families anticipated.

How We Handle Montgomery Probate Matters

We serve Montgomery County and the surrounding region from our Birmingham office. Our firm handles creditor notifications, asset inventories, court filings, accountings, and distributions. When disputes arise among family members or questions surface about an executor’s conduct, we work toward resolution. When that isn’t possible, we litigate.

Families also come to us when poor planning created problems that are now slowing down probate. A will that wasn’t updated after a divorce. A trust that was created but never funded. Business assets with no succession plan. These are fixable issues, but they require an attorney who has handled them before. As an estate planning lawyer in Montgomery, AL, our firm also helps clients build plans designed to simplify or avoid probate entirely.

Understanding Probate Cases

Estate Administration, Asset Distribution, and Court Oversight

Alabama probate proceedings follow a general framework. But every estate has its own facts, and the details matter. Here are the core components most cases share:

• Locating and filing the will with the county probate court
• Appointing a personal representative or executor
• Identifying, valuing, and securing estate assets
• Providing notice to known creditors and publishing notice for unknown creditors
• Paying valid debts, taxes, and administrative expenses
• Distributing remaining assets to beneficiaries under the will or intestacy law
• Filing a final accounting and closing the estate

The personal representative owes a fiduciary duty to the beneficiaries and the court. That duty applies from appointment through the day the estate formally closes. Mismanaging assets, missing filing deadlines, or distributing property improperly can expose the representative to personal liability. It is not a ceremonial title.

What Are Important Aspects of a Probate Case?

The size and type of assets drive much of what happens. Real property requires appraisals and sometimes sales. Business interests raise valuation disputes. Retirement accounts and jointly held assets each carry different rules about who inherits and when.

Family dynamics shape the rest.

Blended families create friction. So do unequal distributions, estranged relatives, and situations where one heir served as a full-time caretaker for years and believes they’re owed compensation. A will executed two months before death raises different questions than one signed fifteen years ago. Planning ahead for these situations reduces conflict. But once probate begins, the documents on file control the outcome.

Other factors that affect probate cases include whether the decedent owned property in more than one state, the existence of any trusts alongside the will, creditor claims filed against the estate, pending litigation involving the decedent at the time of death, and federal estate tax filing requirements for estates exceeding the current exemption threshold.

What Is the Probate Case Timeline?

Timelines vary widely. A simple uncontested estate with few assets might close in four to six months. A contested will or an estate with real property in multiple jurisdictions can stretch well past a year.

Most cases follow this general sequence:

• Filing the will and petition for probate (Alabama law requires the will be filed within five years of death)
• Court appointment of the personal representative
• Creditor notification period, which runs approximately six months from the date notice is published
• Asset inventory and appraisal
• Payment of debts, taxes, and estate expenses
• Final accounting preparation and filing
• Distribution to beneficiaries and formal closing

Where do delays come from? Missing documents. Heirs who don’t respond. Contested creditor claims. Assets that are hard to value, like closely held businesses or mineral rights. Families who addressed long-term care costs during the planning stage often avoid some of the most time-consuming disputes. An experienced probate attorney in Montgomery can spot potential problems early and keep the process moving.

What Should You Bring to Your Probate Consultation?

Having the right documents at the first meeting helps us assess the estate quickly. Bring what you can from this list:

• The original or a copy of the decedent’s last will and testament
• A certified copy of the death certificate
• A list of known assets: real property, bank accounts, investment accounts, vehicles, and personal property of significant value
• Information about debts, loans, or liens against estate property
• Life insurance policies and retirement account beneficiary designations

You don’t need everything organized before the meeting. We review what you bring, explain the probate process that applies, and outline next steps. If you have been named executor and aren’t sure where to begin, that is exactly why we schedule these consultations.

What Are Important Alabama Legal Resources for Probate Cases?

Alabama’s probate code sits inside Title 43 of the state code. It covers everything from who can serve as personal representative to how creditor claims are handled to what happens when a will is contested. Below are a few places to start reading before your consultation. None of them substitute for advice on your specific estate.

• Alabama’s legislative code hosts the full text of Title 43, which includes wills, probate administration, and intestacy rules.
• The IRS estate tax page lists the current federal exemption amount and explains when an estate tax return must be filed.
• The Alabama Law Institute tracks revisions to the state’s probate and trust statutes and publishes drafting notes on recent changes.
• Survivor benefit information from the Social Security Administration explains reporting requirements and eligibility after a death.
• The Alabama State Bar maintains public-facing resources on court procedures and access to legal information across the state.

Reach Out to Bachus, Brom & Taylor, LLC to Schedule a Consultation

A probate matter in Montgomery, AL doesn’t have to stall out. Whether you need to open an estate, answer a will contest, or figure out what an executor is actually supposed to do, Bachus, Brom & Taylor, LLC can help. Contact us to set up a consultation. We respond promptly and serve families across Montgomery and the surrounding counties.