Wills, Trusts & Probate Attorney in Birmingham
If you die without a will in Alabama, the state has already written one for you. It’s in the Alabama Probate Code, it applies to everyone who doesn’t make other arrangements, and it very often distributes property in ways families don’t expect.
The Law Office of Stephen Bulgarella, LLC helps Birmingham-area families put clear plans in place — and helps families work through probate after a loss.
What Happens If You Die Without a Will in Alabama
Dying without a will is called dying intestate. When that happens, Alabama Code § 43-8-40 and the sections that follow determine who inherits.
The results surprise people. A common assumption is that a surviving spouse simply inherits everything. Under Alabama’s intestacy rules, that’s often not the case — when there are surviving children, or when there are surviving parents, the estate is typically divided, and the spouse receives a share rather than the whole.
Exactly how an estate is divided depends on your particular family — whether there are surviving children, whether those children are from the current marriage, and whether your parents are living. There’s no single answer, which is rather the point: without a will, the answer isn’t yours to give.
Other things intestacy doesn't handle:
- Who raises your minor children. Without a will naming a guardian, that decision goes to a court.
- Who administers the estate. The court appoints someone, and it may not be who you'd have chosen.
- Anything about people who aren't legal relatives. Stepchildren, unmarried partners, and close friends receive nothing under intestacy, regardless of your relationship with them.
What We Handle
Wills
A will lets you decide who receives your property, who administers your estate, and — critically for parents of young children — who serves as guardian.
Alabama has specific execution requirements for a valid will. A will that doesn’t meet them can be challenged or thrown out entirely, which is why do-it-yourself and form wills so often fail exactly when they’re needed.
Trusts
A trust holds property for the benefit of someone else, under terms you set. Depending on the type, a trust may allow property to pass outside of probate, provide for a beneficiary who can’t manage money themselves, or set conditions on when and how assets are distributed.
Not everyone needs a trust. Trusts cost more to set up and require ongoing attention. For many Alabama families, a well-drafted will plus properly designated beneficiaries accomplishes the same goal at lower cost. We’ll tell you honestly which situation you’re in.
Powers of Attorney and Advance Directives
Estate planning isn’t only about death. A durable power of attorney lets someone you trust handle your finances if you become unable to. An advance directive for health care states your wishes for medical treatment and names someone to speak for you.
Families who skip these documents often find themselves in court seeking a guardianship or conservatorship — a slow, public, expensive process that the right paperwork would have avoided entirely.
Probate Administration
Probate is the court-supervised process of settling an estate: validating the will, identifying assets, paying valid debts and taxes, and distributing what remains.
We represent executors, administrators, and families through probate in Jefferson County and the surrounding counties.
Probate in Jefferson County
Jefferson County is unusual: it has two probate courts, not one.
Because of the Bessemer Cutoff — a division of Jefferson County dating to 1915 — estates are filed either in Birmingham or at the Bessemer Justice Center, depending on where the decedent lived. Filing in the wrong division causes delays.
If you’re not sure which applies to your family member’s estate, call and we’ll sort it out.
Blount County probate matters are handled through the Blount County Probate Court in Oneonta.
Frequently Asked Questions
Do I need a will if I don't have much?
Probably yes, and especially if you have minor children. A will isn’t primarily about wealth — it’s about naming a guardian for your kids, choosing who administers your estate, and preventing your family from arguing over decisions you could have made for them. It’s usually the least expensive document you’ll ever regret not having.
What happens if a loved one dies without a will in Alabama?
The estate passes under Alabama’s intestacy statutes, beginning at Alabama Code § 43-8-40. The court appoints an administrator, and property is distributed according to a fixed statutory order that depends on which relatives survive. It frequently doesn’t match what the person would have wanted.
What's the difference between a will and a trust?
A will takes effect when you die and goes through probate. A trust takes effect when you create it and, depending on the type, can allow assets to pass outside probate. Trusts offer more control and more privacy; they also cost more and require more upkeep. Many families are well served by a will alone.
How long does probate take in Jefferson County?
It varies significantly with the size and complexity of the estate, whether the will is contested, and whether creditors make claims. Simple, uncontested estates move considerably faster than estates involving real property, business interests, or family disputes. We can give you a realistic estimate once we know what’s in the estate.
Can I write my own will?
You can, and people do. The problem is that Alabama’s execution requirements are specific, and a will that fails them may be invalid — which you won’t discover, because you won’t be there. The people who discover it are your family, at the worst possible time.
My parent died and I don't know if there was a will. What do I do?
Start by checking with the probate court in the county where they lived — wills are sometimes filed for safekeeping during a person’s lifetime. Then check safe deposit boxes, home files, and with any attorney they worked with. Call us and we can help you work through it.
Related Pages
Put a Plan in Place While It's Still Easy
Estate planning is one of the few legal matters you can handle calmly, in advance, on your own schedule. Almost everything else in this office is an emergency by the time someone calls.