Many individuals want to know what happens if you die without a will or trust (intestate) versus with a will or trust. Dying without a valid will means that you died “intestate” or without a will or trust. When this happens the laws of the state kick in and determine what happens to your possessions. The paragraphs below describe in more detail what happens under each of these three scenarios:
With a Trust – No Probate (under most circumstances)
When a person dies with a trust in Alabama, the trustee is responsible for distributing the trust property according to the terms of the trust. In this scenario you avoid probate court and thus keep the government out of your business.
A trust is a way for someone (the "trustor") to give another person (the "trustee") control of their money or property to take care of it for someone else (the "beneficiary"). To create a trust, an attorney writes a document that says what the trustor wants done with their assets and names a trustee to manage them. The trustee's job is to follow the trustor’s instructions and make sure the beneficiary gets what they are supposed to, whether it's money, property, or something else.
One reason people use trusts is to avoid probate, which is a court process that happens when someone dies and their assets need to be distributed. If the assets are in a trust, they don’t go through probate because they are already managed by the trustee, not the person who passed away. This makes it faster, more private, and often cheaper for the beneficiary to get what they are meant to receive
With a Will – Requires Probate
When a person dies with a will, the will must be presented to the probate court for validation. The probate court has jurisdiction over the probate of the will, and the will must be properly executed, witnessed, and attested in compliance with Alabama law. The probate process involves proving the will in the probate court of the county where the decedent was domiciled at the time of death or where the decedent's assets are located if they were not domiciled in Alabama, described Here. Once the will is admitted to probate, the estate is distributed according to the terms of the will, and any claims against the estate are settled in a specific order of priority.
Without a Will – Probate
In contrast, if a person dies without a will, the estate is distributed according to Alabama's intestate succession laws. The probate court determines the awards due to the surviving spouse and children under these laws, described Here. Generally, the surviving spouse receives a portion of the estate, and the remainder is distributed to the decedent's surviving issue. If there is a dispute regarding the parent-child relationship, it must be established by clear and convincing proof. The intestate process also involves the probate court overseeing the distribution and settlement of the estate, but the distribution follows statutory guidelines rather than the decedent's wishes as expressed in a will.
It is true that this process can be quite challenging. Apex Law is available to assist you with your end of life administration needs and guide you in handling matters now to ease the burden on your family later.
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