Frequently Asked Questions and Straightforward Answers for Families Navigating Life’s Legal Transitions
When a loved one passes away—or can no longer make personal or financial decisions—families are often left with more questions than answers. At the Earle Law Firm, we walk alongside Birmingham families through every step of the probate, conservatorship, and guardianship process. These legal systems are designed to protect individuals and distribute property fairly—but they can feel overwhelming without guidance.
Below, we answer some of the most common questions we hear from clients in Alabama, with clear, honest guidance to help you move forward with confidence.
PROBATE
Navigating the Probate Process in Alabama
What is probate?
Probate is the legal process by which a deceased person’s assets are identified, debts are settled, and remaining property is distributed to heirs or beneficiaries—either under a will or Alabama’s intestacy laws.
Do all estates have to go through probate?
No. Certain assets—like jointly owned property or life insurance with named beneficiaries—pass outside probate. Smaller estates may also qualify for streamlined procedures.
How long does probate take?
Typically, 6 to 12 months. Contested cases or complex estates can take longer. We work efficiently while ensuring all legal requirements are met.
What does a personal representative do?
They:
- File the will and open the estate
- Inventory assets
- Pay debts and taxes
- Distribute property
- File reports with the court
We guide representatives through each step, offering hands-on legal and administrative support.
What if there is no will?
The estate will be divided according to Alabama law. We help families understand what that looks like and ensure the process remains fair and legally compliant.
Can I contest a will?
Yes—common reasons include: lack of mental capacity, undue influence, fraud or forgery, improper signing or witnessing.
Our team is experienced in both challenging and defending wills.
What if family members disagree?
Probate disputes are common. We prioritize resolution through communication, but we’re prepared to litigate when necessary.
Conservatorships
Protecting Loved Ones Who Can’t Manage Their Finances
It’s a legal appointment allowing someone (a conservator) to manage the finances of an adult who is no longer capable of doing so themselves.
When is it necessary?
Conservatorship may be needed for individuals facing:
- Dementia or Alzheimer’s
- Traumatic brain injuries
- Developmental disabilities
- Financial exploitation or unmanaged assets
You must petition the probate court, provide medical documentation, and attend a hearing. We prepare all paperwork, coordinate evidence, and represent you in court.
What are a conservator’s responsibilities?
- Manage and protect assets
- Pay bills
- File annual financial reports
- Act in the protected person’s best interest
- Seek court approval for major financial decisions
We provide ongoing legal support so you can fulfill your duties with confidence.
What’s the difference between a conservator and a guardian?
A conservator handles financial matters. A guardian makes decisions about personal care. The same person can serve in both roles.
Can a conservatorship be contested or changed?
Yes. Family members can raise objections, and the court may revise or end the arrangement if circumstances change.
Guardianships
Legal Authority to Make Personal and Health Care Decisions
What is guardianship?
A legal process in which a person is appointed to make non-financial decisions—like healthcare, housing, and safety—for an adult who cannot make those decisions themselves.
When is guardianship appropriate?
- Has severe mental illness
- Is unable to make informed choices
- Is being neglected or abused
- Is a vulnerable adult with developmental disabilities
What are a guardian’s duties?
- Arrange appropriate housing
- Make medical decisions
- Oversee personal care
- Ensure the ward’s well-being
- File annual reports with the court
We help you navigate these responsibilities and stay in compliance with the court’s requirements.
Can I be both guardian and conservator?
Yes. Courts often appoint one person to both roles when appropriate.
Is guardianship permanent?
Not always. The court can revise or terminate the arrangement if the individual’s condition improves.
How is this different from power of attorney?
Power of attorney is voluntary and granted while the person is competent. Guardianship is imposed when a person lacks the legal capacity to make or delegate decisions.
What if someone objects to the guardianship?
We represent petitioners in contested cases and always advocate for the individual’s best interests—whether that means appointing a guardian, defending their autonomy, or proposing alternatives.
Why Choose Earle Law Firm?
Whether you’re navigating probate after the loss of a loved one or seeking to protect someone through guardianship or conservatorship, we’re here to help.
Our team brings:
- Deep knowledge of Alabama probate law
- Experience handling contested and uncontested cases
- Clear guidance through every step of the legal process
- Compassion for families navigating sensitive decisions
📞 Contact us today to schedule your free consultation. We’re here to help you find clarity and peace of mind in the face of complex decisions.
