Common Alabama Probate Mistakes to Avoid

File with the county Probate Court

Each of Alabama's 67 counties has its own Probate Court, and the judge of probate handles wills, letters, and estate settlement in the county where the decedent lived at death.

Calendar the five-year will deadline

An Alabama will is not effective unless it is filed for probate within five years from the date of the testator's death under Ala. Code 43-8-161.

Start creditor notice within 30 days

Publication of the notice to creditors must begin within 30 days from the grant of letters and run once a week for three successive weeks under Ala. Code 43-2-60 and 43-2-61.

File the inventory within two months

The estate inventory is due within two months after appointment under Ala. Code 43-2-835, unless the will expressly waives the filing.

Do not distribute too early

The creditor claim window runs six months from the grant of letters under Ala. Code 43-2-350, and final settlement cannot happen until at least six months after letters under Ala. Code 43-2-501.

Alabama has no transfer-on-death deed

Real estate cannot pass by a TOD deed in Alabama. Use survivorship deed language, a funded living trust, or plan on probate for solely owned property.