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Alabama Executor Duties
Pillar GuideAlabama12 min read

Alabama Executor Duties

Alabama executor duties guide: secure letters from the county Probate Court, notify creditors, file the two-month inventory, and follow Code of Alabama rules.

By Settled Editorial

Alabama executor duties start with one document. The county Probate Court issues you letters testamentary if the will names you, or letters of administration if there is no will or no named executor can serve. Alabama law calls both roles the personal representative, and the duties below apply to each the same way. Until the court grants letters, you have no authority to collect accounts, sign for the estate, or transfer title.

Once letters issue, the Code of Alabama sets your job in plain terms. You are a fiduciary under § 43-2-833. You must handle estate property the way a prudent person handles property that belongs to someone else, and you must settle and distribute the estate as expeditiously and efficiently as its best interests allow. This guide walks the duties in deadline order. This is general information, not legal advice. Verify each step with the Probate Court in your county.

Use this guide with the Alabama probate guide for how probate works end to end, the Alabama probate timeline for the dated milestones, the Alabama creditor claims guide for the claim window, and the Alabama probate costs guide for fees and compensation. For your county court, start at the Alabama probate hub.

Get Letters From the County Probate Court First

Authority comes from the letters, not from the will naming you. A named executor can secure the house, locate the original will, and gather paperwork before appointment. But banks, the title office, and buyers will ask for letters testamentary or letters of administration before they deal with you.

You petition the Probate Court, generally in the county where the person lived. With a valid will, the court admits the will to probate and issues letters testamentary to the named executor who qualifies. Without a will, the court issues letters of administration under the statutory priority list. Either way you take on the same fiduciary role, and the probate process runs on the same track from there.

Before you spend estate money or distribute anything, check whether full administration is even needed. Some assets pass outside probate by beneficiary designation or survivorship, and a small estate may qualify for summary distribution instead of full probate.

Bond: Required Unless the Will Waives It

Alabama ties the bond decision to the will. Under § 43-2-851, the court must require a personal representative to furnish a bond conditioned on faithful discharge of the duties, with sureties the court specifies. Unless the court directs otherwise, the bond amount equals the capital value of the estate property in your control plus one year of estimated income, with statutory reductions for certain court-restricted assets.

The waiver matters because many Alabama wills use it. A testator may exempt the personal representative from bond by express provision in the will. Even then, the court can still order a bond in two cases: an interested person files an affidavit showing their interest is or will be endangered without security, or the court on its own motion finds the estate is likely to be wasted. The court can also raise or reduce the bond at any time to protect the estate. Budget for the premium if no waiver applies; bond premiums are an estate expense covered in the Alabama probate costs guide. (Source: Ala. Code § 43-2-851.)

What an Alabama Personal Representative Does

Under § 43-2-830, real property passes directly to the devisees or heirs at death, while personal property devolves to you as personal representative to administer and distribute. Everything you hold remains subject to the homestead allowance, exempt property, the family allowance, creditor rights, the surviving spouse's elective share, and administration itself.

The core duty list runs in this order:

  1. Give notice of your appointment to creditors, with publication started within 30 days
  2. File the estate inventory within 2 months after appointment
  3. Take possession of and protect the personal property of the estate
  4. Handle creditor claims through the 6-month claim window
  5. Pay allowances and valid claims, then distribute and settle

Section 43-2-834 lets you proceed with most administration steps without a separate court order for each one, and § 43-2-843 lists the transactions you may carry out. If you hold special skills, or the will named you because of them, § 43-2-833 requires you to use those skills. Improper acts can make you personally liable for breach of fiduciary duty under § 43-2-840, so keep records of every receipt and payment.

Duty 1: Give Notice to Creditors

Your first deadline is creditor notice. Under § 43-2-60, you must give notice of your appointment that names the deceased, states the date and court of your letters, and tells claimants to present claims within the time allowed by law or be barred. Publication notice must begin within 30 days from the grant of letters under § 43-2-60, and § 43-2-61 sets the manner: once a week for three successive weeks in a newspaper of general circulation in the county.

Known creditors get more than the newspaper. Section 43-2-61 requires actual notice by first-class mail, 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. The payoff for doing this right is the bar date: under § 43-2-350, claims must be presented within six months after the grant of letters or five months from first publication, whichever is later, and a creditor entitled to actual notice gets 30 days after that notice. Claims not presented in time are forever barred. See the Alabama creditor claims guide for the filing mechanics. (Source: Ala. Code §§ 43-2-60, 43-2-61, 43-2-350.)

Duty 2: File the Inventory Within 2 Months

The inventory is your first big filing. Under § 43-2-835, within two months after appointment you must file an inventory of the property the decedent owned at death, listed in reasonable detail, showing the fair market value of each item as of the date of death and the type and amount of any encumbrance on it. Send a copy to any interested person who requests it. If property turns up later, § 43-2-836 covers the supplementary inventory.

Alabama adds a waiver nuance here too. If the will expressly exempts the personal representative from filing an inventory, you do not have to file the initial inventory or supplements with the court, unless the court decides the estate is likely to be wasted to the prejudice of an interested person. Many Alabama wills include this waiver alongside the bond waiver. Even when filing is waived, build the worksheet anyway: asset, title or account number, date-of-death value, lien, and source document. You still need those numbers to account, pay claims, and distribute. (Source: Ala. Code §§ 43-2-835, 43-2-836.)

Duty 3: Take Possession of and Protect the Estate

Under § 43-2-837, you have the right and the duty to take possession or control of the decedent's property. You may leave real property or tangible personal property with the person presumptively entitled to it until you judge that possession is necessary for administration. While property sits in your hands, you pay the taxes on it, collect its income, and pay the expenses reasonably necessary to manage, protect, and preserve it.

Real estate is the special case. Because § 43-2-830 vests real property in the heirs or devisees at death, you usually do not administer the house the way you administer a bank account. You step in when administration requires it, for example when the estate needs the property or its proceeds to cover claims. Keep estate funds in a separate estate account, never mixed with your own money. (Source: Ala. Code §§ 43-2-830, 43-2-837.)

Duty 4: Handle Claims Through the 6-Month Window

The claim window shapes the whole calendar. Creditors present claims by filing them, verified by affidavit, in the office of the judge of probate in the county where letters were granted. After the § 43-2-350 deadlines pass, unpresented claims are barred and you are prohibited from paying them, with narrow exceptions such as recorded liens you may pay to protect estate assets.

Your own risk runs the other direction. If you distribute early and a timely valid claim arrives, the shortfall can land on you personally. Most personal representatives wait out the window before any general distribution, which is why typical Alabama estates stay open at least six months. Map the dates against the Alabama probate timeline and track every claim, allowance, and rejection in writing. (Source: Ala. Code § 43-2-350.)

Duty 5: Pay Allowances and Claims, Then Distribute and Settle

Distribution comes last. Before you hand anything to a beneficiary, walk this checklist:

  1. Has the publication notice run and has actual notice gone to known creditors?
  2. Is the inventory filed, or properly waived by the will?
  3. Has the 6-month claim window closed?
  4. Are the homestead allowance, exempt property, and family allowance set aside if a surviving spouse or minor children are involved?
  5. Has any elective share claim by the surviving spouse been addressed?
  6. Are final income tax returns filed or accounted for?
  7. Can you document every receipt, payment, and proposed distribution?
  8. Do you have signed receipts to support your settlement?

The family protections come ahead of general distribution because § 43-2-830 makes the entire estate subject to them. When the estate is ready, you distribute under the probated will or, with no will, under the Alabama intestate succession rules. You then settle the administration with the court, supported by your records, and the court discharges you when the settlement is approved. (Source: Ala. Code §§ 43-2-830, 43-2-833.)

How an Alabama Executor Gets Paid

Alabama pays the personal representative reasonable compensation with a hard cap. Under § 43-2-848, the court allows reasonable compensation based on factors such as the difficulty of the administration, the skill required, local custom, the amounts involved, and the results obtained. The award may not exceed two and one-half percent of the value of all property received and under your possession and control plus two and one-half percent of all disbursements.

The court may add reasonable compensation for extraordinary services. If the will sets compensation, or sets none, you may renounce that provision and seek reasonable compensation, but § 43-2-848(c) allows that only when you have no compensation contract with the decedent and no alternate or successor personal representative is willing to serve for the compensation the will states. The decedent or all affected beneficiaries can instead fix your pay by written agreement that binds everyone if it is not unconscionable. The fee detail, with worked examples, lives in the Alabama probate costs guide. (Source: Ala. Code § 43-2-848.)

Common Questions

What is the difference between letters testamentary and letters of administration in Alabama?

Letters testamentary go to the executor named in a probated will. Letters of administration go to an administrator when there is no will or no named executor serves. Both holders are personal representatives with the same fiduciary duties under § 43-2-833.

What is the first deadline after letters issue?

Start the publication notice to creditors within 30 days from the grant of letters under § 43-2-60, then file the estate inventory within two months after appointment under § 43-2-835 unless the will waives the filing.

Does an Alabama executor have to post a bond?

Yes by default. Section 43-2-851 requires a bond with sureties unless the will expressly exempts the personal representative. Even with a waiver, the court can order a bond if an interested person shows their interest is endangered or the court finds the estate is likely to be wasted.

How much does an Alabama executor get paid?

Reasonable compensation set by the court under § 43-2-848, capped at two and one-half percent of property received and under your control plus two and one-half percent of disbursements, with possible additional pay for extraordinary services.

Can I distribute as soon as I have letters?

No. Wait until creditor notice has run, the 6-month claim window under § 43-2-350 has closed, and the family allowances and any elective share are handled. Distributing early can make you personally liable for a later timely claim.

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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