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Alabama Estate Creditor Claims
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Alabama Estate Creditor Claims

How Alabama estate creditor claims work: published and mailed notice to creditors, the six-month claim bar under Ala. Code 43-2-350, and the order debts get paid.

By Settled Editorial

Here is the short answer most people want first. Creditors of an Alabama estate must present their claims within six months after the Probate Court grants letters, or within five months from the first publication of the notice to creditors, whichever is later. A known creditor who is entitled to mailed notice gets at least 30 days after that notice to file. A claim not presented in time is forever barred, and the personal representative is prohibited from paying it. That window comes from Ala. Code § 43-2-350, and it is the main reason a typical Alabama estate stays open at least six months.

The worry behind most searches on this topic is personal exposure. You fear that you will pay the family, a forgotten creditor will surface, and the bill will land on you. Alabama answers that worry with a notice and presentment system. Give the notices correctly, let the window run, pay valid claims in the statutory order, and then distribute. This guide walks each step and cites the statute behind it.

Use it alongside the Alabama executor duties guide for the full fiduciary task list and the Alabama probate timeline for how the claim window drives the calendar. For your county Probate Court contact details, see the Alabama county directory.

Alabama Requires Both Published and Mailed Notice to Creditors

The personal representative starts the creditor process by giving notice of the appointment. Under § 43-2-60, the notice states the name of the deceased, the day the letters were granted, the court that granted them, and the county, and it tells everyone with a claim against the estate to present it within the time allowed by law or be barred.

The statute splits notice into two tracks with two clocks:

  1. Published notice. You publish the notice once a week for three successive weeks in a newspaper of general circulation in the county where the letters were granted. If the county has none, you use the paper published nearest to the courthouse or one in an adjoining county. Publication must begin within 30 days from the grant of letters. (Source: Ala. Code §§ 43-2-60, 43-2-61.)
  2. Actual notice to known creditors. You send notice by first-class mail to the last known address, or by another method reasonably calculated to actually reach the creditor, to every person, firm, or corporation with a claim that you know about or can reasonably ascertain within six months from the grant of letters. You give this notice as soon as practicable after you identify the creditor. (Source: Ala. Code §§ 43-2-60, 43-2-61.)

The newspaper run is not a formality you can skip. Under § 43-2-62, the probate judge must see that publication is made, a personal representative who fails to publish loses the right to compensation, and the representative and the sureties on the bond are liable to any creditor for the amount the creditor would have received from the estate had the claim been duly presented. Publication is also a routine estate expense, so budget the newspaper invoice with the other line items in the Alabama probate costs guide. (Source: Ala. Code § 43-2-62.)

The Six-Month Claim Window Under § 43-2-350

Section 43-2-350 sets the bar date. All claims against the estate, whether due or to become due, must be presented within six months after the grant of letters or within five months from the date of the first publication of notice, whichever is later to occur. A creditor entitled to actual notice under § 43-2-61 must be allowed 30 days after that notice to present the claim, even if the general window has already closed. Claims not presented in time are forever barred, and their payment or allowance is prohibited.

Three carve-outs matter in practice:

  • The bar does not apply to heirs or devisees claiming as heirs or devisees. Their shares are distributions, not creditor claims.
  • The bar does not apply to the personal representative's own compensation or to sums the representative properly disburses during administration.
  • A claim that was never filed but is a lien against the decedent's property may still be paid by the personal representative to protect the assets of the estate. A recorded mortgage is the common example, so do not treat the deadline as erasing secured debt.

(Source: Ala. Code § 43-2-350.)

Note the interaction between the two clocks. Publishing late does not shorten the creditor window, it extends it, because the five-month publication clock starts at first publication. Publishing promptly inside the 30-day deadline keeps the six-month letters clock and the five-month publication clock roughly aligned and closes the window as early as the law allows.

How a Creditor Presents a Claim

Presentment is a court filing, not a phone call to the family. Under § 43-2-352, the creditor files a verified claim, or a verified statement of the claim, in the office of the judge of probate in the county where the letters were granted, and the filing is docketed with the date of presentation. The claim must be verified by the oath of the claimant or someone who knows it is correct, stating that the amount is justly due or to become due after allowing all proper credits. A defect in the affidavit can be fixed by amendment at any time. (Source: Ala. Code § 43-2-352.)

For the personal representative, this filing system is your friend. The probate docket gives you one place to check what has been presented and when. An invoice mailed to the house is a prompt to expect a claim, but the bar date runs against what was filed with the judge of probate.

Pay Claims in the § 43-2-371 Order of Preference

When the window closes and you know the valid claims, you pay them in the order the statute fixes. Under § 43-2-371, debts against an Alabama estate are paid in this order:

  1. Funeral expenses
  2. Fees and charges of administration
  3. Expenses of the last sickness
  4. Taxes assessed on the decedent's estate before death
  5. Debts due to employees for services rendered in the year of the death
  6. All other debts

If the estate is solvent, the order is mostly bookkeeping, because everyone gets paid. If the estate cannot cover everything, the order controls who gets paid and who absorbs the loss, and you do not get to pick favorites. Paying a class 6 credit card before a class 1 funeral bill in an insolvent estate is the kind of mistake that can come out of your pocket. When the numbers look tight, slow down and consult an Alabama attorney before paying anyone. (Source: Ala. Code § 43-2-371.)

Early Distribution Is the Trap

The personal-liability risk in Alabama is mostly self-inflicted, and it has one name: distributing before the claim window closes. Before you hand assets to heirs or beneficiaries, walk this checklist:

  1. Did you publish the notice once a week for three successive weeks, starting within 30 days from the grant of letters?
  2. Did you mail actual notice to every creditor you know about or can reasonably ascertain, as soon as practicable?
  3. Has the § 43-2-350 window closed for general creditors and for every creditor who got mailed notice?
  4. Have you checked the probate docket for every presented claim?
  5. Are the valid claims paid or payable in the § 43-2-371 order, with the insolvency math done if the estate is short?
  6. Are family allowances, any elective share, and final tax matters handled?

Estates vary, and this list summarizes steps that commonly apply rather than every requirement. The point stands: a name in the will is not permission to pay out on day one. The six-month floor is why the Alabama probate timeline runs the way it does, and creditor handling sits inside the larger duty sequence in the Alabama executor duties guide.

Common Questions

How long do creditors have to file a claim against an Alabama estate?

Six months after the grant of letters, or five months from the first publication of the notice to creditors, whichever is later. A creditor entitled to actual notice gets at least 30 days after that notice. Claims not presented in time are forever barred under § 43-2-350.

Do I have to publish a notice to creditors in Alabama?

Yes. Section 43-2-61 requires publication once a week for three successive weeks in a newspaper of general circulation in the county where the letters were granted, and § 43-2-60 requires the publication to begin within 30 days from the grant of letters.

Do I have to notify known creditors directly?

Yes. You must give actual notice, by first-class mail to the last known address or another method reasonably calculated to reach them, to every creditor you know about or can reasonably ascertain within six months from the grant of letters. Each of those creditors then has at least 30 days after the notice to present a claim. (Ala. Code §§ 43-2-61, 43-2-350.)

What happens if I skip the published notice?

Under § 43-2-62 you lose your compensation as personal representative, and you and your sureties are liable to any creditor for what the creditor would have received from the estate had the claim been duly presented.

Does the six-month bar wipe out a mortgage on the house?

No. Section 43-2-350 lets the personal representative pay an unfiled claim that is a lien against the decedent's property to protect the estate's assets. A secured creditor's lien rights in the collateral are a different question from an unsecured claim against the estate, so treat mortgages and other recorded liens with care.

Can I be personally liable for estate debts?

You can, if you distribute before the claim window closes and a timely valid claim then goes unpaid, if you pay claims out of the § 43-2-371 order in an insolvent estate, or if you fail to give the required notice under § 43-2-62. Run the notice steps, wait out the window, and pay in order.

This guide is general information about Alabama estates. It is not legal advice. Confirm anything that affects your situation with the Probate Court in your county or a licensed Alabama attorney.

Sources

Information current as of June 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Alabama can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

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