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Alabama Probate Guide
Pillar GuideAlabama12 min read

Alabama Probate Guide

How the Alabama probate process works: county Probate Courts, letters testamentary, the five-year limit to probate a will, and summary distribution for small estates.

By Settled Editorial

Alabama probate readers usually need one practical answer first: which court handles the estate, and which path fits the property left behind. In Alabama, you start with the Probate Court in the county where the person lived at death. Each of Alabama's 67 counties has its own Probate Court, and that court holds original jurisdiction over probating wills, granting letters testamentary and letters of administration, and settling estates. (Source: Ala. Code 12-13-1 and Code of Alabama Title 43.)

Use this Alabama probate guide as a planning map, not as a filing packet. Each county Probate Court can use local checklists, local fee additions, and its own document-review steps. Start with the Alabama probate court directory, then verify the packet with the Probate Court in the right county before you sign or submit anything.

This guide also flags when a source-backed checklist is not enough. Disputes, debt problems, unclear heirs, and real estate sales can call for an attorney before anyone is appointed or distributes money.

Where Alabama Probate Starts

The Alabama probate process starts with the Probate Court in the county where the decedent was an inhabitant at death. A nonresident's will can be probated in an Alabama county where the person died or left assets. (Source: Ala. Code 43-8-162.)

Once the court admits a will to probate, the probate judge may issue letters testamentary to the executor named in the will. When there is no will, the court grants letters of administration, with priority to the surviving spouse, then the next of kin entitled to share in the estate, then the largest in-state creditor, then another fit person the judge appoints. The person appointed is the personal representative, and banks, title companies, and record holders ask for the letters as proof of authority. (Source: Ala. Code 43-2-20 and Ala. Code 43-2-42.)

One Alabama deadline stands out: a will is not effective unless it is filed for probate within five years from the date of the testator's death. Do not let an original will sit in a drawer while the family waits. (Source: Ala. Code 43-8-161.)

A second Alabama fact: the Probate Court is a limited-jurisdiction court, and Alabama law lets parties move a will contest or the administration of an estate to circuit court in defined situations. Contested or equity-heavy estates often end up there. (Source: Code of Alabama Title 43, Chapter 8, Article 7, Division 4.)

For related state pages, keep these nearby:

The Main Estate Paths

An Alabama probate guide should separate full estate administration from the small-estate shortcut. The names sound similar, but the filing, the notice steps, and the follow-up duties differ.

Full Estate Administration

Full administration is the standard supervised path. It starts when the executor or administrator is appointed and receives letters from the county Probate Court. The court requires a fiduciary bond from the personal representative, although many Alabama wills relieve the executor of that requirement, so the probate judge confirms what applies to the specific estate. (Source: Ala. Code 43-2-851.)

Once appointed, the personal representative gathers assets, gives notice to creditors, pays valid claims and expenses, keeps receipts, and distributes what remains under the will or the intestacy statutes. Creditors must present claims within six months after the grant of letters, or within five months from the first publication of notice, whichever is later, and a known creditor who receives actual notice gets at least 30 days. Claims not presented in time are barred. (Source: Ala. Code 43-2-350.)

Full administration is more likely when the estate holds real property, unresolved debts, a business interest, a disputed will, or unclear heirs. When there is no will, the estate passes by intestate succession, which the Alabama intestate succession guide covers in full.

Summary Distribution for Small Estates

Alabama has no out-of-court small estate affidavit. The shortcut is summary distribution under the Revised Alabama Small Estates Act, and it is a verified petition filed with the probate judge in the county where the decedent was domiciled. It covers personal property only, and it is unavailable if the decedent owned real property at death. (Source: Ala. Code 43-2-691 and Ala. Code 43-2-692.)

The size limit is also unusual. The small estate amount equals the combined CPI-adjusted maximums of the homestead allowance, exempt property, and family allowance, which works out to $47,000 using the State Treasurer's adjustments effective for claims on or after April 1, 2024. Many high-ranking pages still cite $25,000 or other stale figures from the old formula. Confirm the current number with the county Probate Court, and recheck after the July 1, 2026 CPI adjustment. (Source: Ala. Code 43-2-691(7) and Ala. Code Title 43, Chapter 8, Article 6.)

After filing, notice of the petition runs once in a county newspaper or is posted at the courthouse for a week, and the petitioner must notify the Alabama Medicaid Agency. The court cannot enter the summary distribution order until at least 30 days after that notice. The Alabama small estate guide walks through the petition step by step. (Source: Ala. Code 43-2-692.)

Real Property, Wills, and Allowances

Three Alabama rules shape almost every estate plan and probate filing:

Real property passes at death. A decedent's real property devolves directly to the devisees under the will, or to the heirs when there is no will, subject to administration when the estate needs it. Personal property devolves to the personal representative for distribution. (Source: Ala. Code 43-2-830.)

Handwritten, unwitnessed wills do not work in Alabama. A will must be in writing, signed by the testator or at the testator's direction, and signed by at least two witnesses. The Alabama will requirements guide covers execution and self-proving details. (Source: Ala. Code 43-8-131.)

Family allowances stack on top of the inheritance. The homestead allowance, exempt property, and family allowance are in addition to what passes by will or intestate succession, unless the will says otherwise, and the dollar amounts adjust for inflation every three years. (Source: Ala. Code Title 43, Chapter 8, Article 6.)

Documents to Gather Before Filing

The Probate Court, banks, and beneficiaries ask many of the same questions, so a short document stack makes the first conversation more useful.

Bring or locate:

  • Certified death certificates
  • The original will and any codicils, if found
  • Names, ages, and addresses for heirs and any named executor
  • A list of bank accounts, vehicles, personal property, business interests, and real property
  • Deeds, tax parcel information, and mortgage details for real estate
  • Vehicle title and registration details
  • Recent bills, creditor letters, funeral invoices, and tax notices
  • Beneficiary designations, payable-on-death records, survivorship title records, and trust documents

The Alabama death certificate guide can help plan certified-copy needs. The Alabama vehicle transfer guide can help separate title work from court authority.

Timeline Signals to Track

Every estate is different, but these timing anchors come straight from the statutes. Confirm each one with the county Probate Court for the specific estate.

TaskTiming signal
File the will for probateWithin five years from the date of death, or the will is not effective (Ala. Code 43-8-161)
Choose the countyFile where the decedent was an inhabitant at death (Ala. Code 43-8-162)
Creditor claimsSix months after the grant of letters, or five months from first publication, whichever is later; at least 30 days for known creditors after actual notice (Ala. Code 43-2-350)
Summary distribution orderNo sooner than 30 days after the published or posted notice and the Medicaid notice (Ala. Code 43-2-692)
Federal estate tax returnIRS Form 706 is generally due nine months after death, when a return is required

The six-month creditor window sets the practical floor for most full administrations. The Alabama probate timeline walks through these dates in more detail.

Costs and Taxes

Alabama estate costs come in separate buckets, and competitors often blur them. Keep them apart.

First, court filing fees are flat and modest. The statewide schedule charges $45.00 to probate a will of up to five pages and $45.00 for a grant of letters of administration, each with three certified copies of letters. Local laws let many counties add their own charges, so the county fee schedule controls. (Source: Ala. Code 12-19-90.)

Second, personal representative compensation is capped. The court allows reasonable compensation that may not exceed 2.5 percent of the value of property received and 2.5 percent of disbursements, with extra pay possible for extraordinary services. (Source: Ala. Code 43-2-848.)

Third, the reassurance: Alabama has no probate tax on estate value, no operative state estate tax, and no inheritance tax for deaths after December 31, 2004. Publication costs, certified copies, a deed recording privilege tax on real-property conveyances, final income tax returns, and federal estate tax for very large estates can still apply. The Alabama probate costs guide splits each bucket with current figures. (Source: Ala. Code Title 40, Chapter 15.)

When to Talk With an Attorney

Some estates are simple enough to plan with official forms and Probate Court instructions. Others need a licensed Alabama attorney before anyone is appointed, sells property, pays a creditor, or distributes money.

Consider talking with an Alabama probate attorney when:

  • Heirs disagree about the will, the assets, or who should serve
  • The estate may be insolvent
  • Real estate must be sold to pay debts
  • The decedent owned property in more than one state
  • A business interest, lawsuit, tax issue, or Medicaid estate recovery issue is present
  • A creditor, beneficiary, or family member threatens a claim
  • A will contest or removal to circuit court looks likely

This Alabama probate guide can help organize the source-backed task list and the right county. A lawyer can advise on rights, strategy, disputes, and signing decisions.

Practical Filing Sequence

Use this sequence as a planning checklist:

  1. Locate the original will, certified death certificates, account records, title records, deeds, and creditor notices.
  2. Confirm the county where the decedent lived at death, and find that court in the Alabama probate court directory.
  3. Decide whether the estate appears to need full administration or qualifies for summary distribution as a personal-property small estate.
  4. File the will within the five-year limit and ask the court to issue letters testamentary or letters of administration if full administration applies.
  5. Publish notice to creditors and track the six-month claim window before distributions.
  6. Keep receipts, filed copies, account statements, asset lists, and distribution records together.
  7. Use the Alabama probate checklist and your county page to keep the local packet, deadlines, and source notes in one place.

Verify every fact here with the county Probate Court before you act, because this is a planning map for the Alabama probate process, not a substitute for the court's own instructions or for advice from a licensed Alabama attorney.

Sources

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

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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