Did You Know?
By Attorney Raven Beach
John Doe executed a will in 1980, naming his son Bill as the executor. The will provided that his house was to be sold upon his death and the proceeds split among John’s children and grandchildren. John Doe died twenty years later in 2000.
In 2008, Bill, as the executor, contacted an attorney regarding probating his father’s will. He and his siblings agreed to sell John’s vacant home. Unfortunately, the will could not be probated. Why? Because Bill waited eight years to fulfill his father’s wishes. In Alabama, a will must be offered for probate within five years of the testator’s death.
As a result, the court treated John’s estate as if he died without a will. This means his assets were distributed according to Alabama intestacy law, with the division of assets amongst John’s children only. Unfortunately, none of John’s grandchildren inherited anything despite their grandfather’s wishes.
Probate, in simple terms, is the legal process of reviewing a will to determine if it’s valid and authentic. It’s like a stamp of approval from the probate judge, giving the executor the green light to carry out the will’s directives. This scenario underscores the importance of not just having an estate plan, but also ensuring that your executor understands their duties and the time constraints for carrying out those duties. It’s also crucial that your executor knows where and how to access your estate plan when needed. In this case, Bill’s delay led to the grandkids losing their inheritance.
If you’re wondering what fees are associated with probating a will, it’s crucial to understand that those can vary from attorney to attorney. Some attorneys charge hourly rates, some charge flat fees, and others may charge a percentage of the estate’s value. Other probate expenses include filing fees, publication fees (printed notice to creditors in a newspaper), and sometimes bond fees (surety that serves as a safety net) A probate bond is required if the decedent did not waive those fees in the will or if the decedent died without a will. Being informed can help you plan and prepare for the probate process.
CONTACT INFO.
Raven Perry-Beach, Esq.
107 Jefferson St.
Suite 14
Huntsville, AL 35801
(256) 799-0292
* Licensed in Alabama, Tennessee, Massachusetts, and DC
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