Brackin & Johnson Law Firm

150 West Section Avenue

Foley, Al 36535


455 Magnolia Avenue

Fairhope, AL 36532


Probate Law

Mobile and Baldwin County Probate Law Attorneys

The laws that determine distribution of property and payment to creditors when someone dies is called the probate process.  In Alabama, probate laws make sure that the assets are distributed to the heirs or descendants and that all bills are paid.

Probate Legal Documents

If the deceased person left a will, probate may be an easier process to move through the legal system than if a person dies “intestate” (without legal documents setting forth how assets will be allocated). If a family member or loved one dies intestate, it is still important to have his or her estate probated.  If a person dies without a will or trust, the laws of the state(s) where you own assets may determine who has rights to the assets.  

The attorneys at Brackin, McGriff & Johnson can help you prepare your will or trust to make sure your assets are distributed to the people you wish to inherit them.  Brackin, McGriff & Johnson’s attorneys also are experienced in helping your preserve assets for future generations and to help guarantee the smooth transition of business ownership if you or your business partner passes away.  

If you find yourself in the position of having to probate an estate, the attorneys at Brackin, McGriff & Johnson are available to help you through the process.

The attorneys at Brackin, McGriff & Johnsonare here to help you through the estate process.  Give us a call at

Probate Administration

The probate process starts with a petition to open an estate and name a person who will be responsible for administering the estate - this man or woman is called the executor or executrix or trustee.  Creditors are notified with an official Notice of Creditors, which must be printed in a local newspaper.  A Notice of Administration must be sent to other involved parties.  These official notices set forth the time in which creditors have to file claims against the estate.

Probate Trustee

The trustee will then pay the creditors and distribute the rest of the assets as set forth in the deceased person’s will.  After all this is done, a petition for discharge may be filed with the court and the estate can be closed.

Sometimes a person named in the will, or a person left out of the will may “contest” the will.  Attorneys may be involved in both sides of the dispute – both on the estate side and on the contestant’s (or challenger’s) side.  Matters to be determined may include: Was the will the decedent’s most recent legal version, or determining if the decedent was forced to change the will against his or her wishes and other matters that may determine the validity of the will. Brackin, McGriff & Johnson can help you if you find yourself on either side of a contested will.

Probate Law


More in this category: « Business Law Estate Planning »

At the law office of Brackin and Johnson, we represent clients throughout the Gulf Coast region of Alabama, including those in Robertsdale, Foley, Daphne, Spanish Fort, Mobile, Summerdale, Bay Minette,

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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