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Alabama Probate Timeline
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Alabama Probate Timeline

Alabama probate timeline with statutory deadlines: 30-day creditor notice, two-month inventory, six-month claim window, and the five-year will filing limit.

By Settled Editorial

A full Alabama estate administration usually takes about 9 to 12 months, and often longer. The floor is set by statute, not by court backlog alone. Final settlement cannot happen until at least six months after letters are granted (§43-2-501), and the creditor claim window runs roughly six months as well (§43-2-350). Estates with disputes, real estate sales, or tax filings stretch past a year.

Use this Alabama probate timeline as a planning calendar, not a promise that an estate will close by a fixed day. Probate in Alabama runs through the Probate Court of the county where the decedent lived, and most deadlines count from the grant of letters, not from the date of death. Start with the Alabama probate guide if you are still choosing a path, and the Alabama executor duties guide for the full task list.

Alabama Probate Timeline at a Glance

WhenTaskSource-backed timing
First weekOrder certified death certificates and locate the original willPractical step before banks, title transfers, and court filings
Within 5 years of deathFile the will for probate or it is not effective§43-8-161 time limit for probate
No fixed deadline otherwisePetition the Probate Court for letters testamentary or letters of administrationMost statutory deadlines run from the grant of letters
Within 30 days of lettersFirst publication of notice to creditors§43-2-60 publication timing
As soon as practicableActual notice by mail to known creditors§43-2-60 and §43-2-61 actual-notice rule
Within 2 months of appointmentFile the estate inventory unless the will waives it§43-2-835 inventory rule
6 months after letters, or 5 months after first publication, whichever is laterCreditor claims barred if not presented§43-2-350 claim bar
Within 6 months after death or probate of the will, whichever expires lastSurviving spouse elective share petition§43-8-73 election window
At least 30 days after noticeEarliest summary distribution order for small estates§43-2-692 waiting period
Any time after 6 months from lettersEarliest final settlement if debts are paid§43-2-501 final settlement timing
Nine months after death if requiredFederal estate tax return (Form 706)IRS Form 706 timing where filing applies

These markers overlap. The same six-month stretch covers the creditor window, the elective share decision, and the earliest possible final settlement. An Alabama probate timeline works best when each date is tied to the date letters were granted.

First Week: Records, Property, and the Original Will

The first week is about preventing avoidable delays, not finishing probate.

Start with:

  • certified death certificates from ADPH or the county health department
  • the original will and any codicils
  • trust documents
  • deeds and property tax records
  • vehicle titles and registrations
  • bank, credit union, brokerage, and retirement statements
  • life insurance and beneficiary records
  • mortgage, utility, insurance, and tax records

Keep the home secure, keep insurance active when possible, and avoid giving away property until authority and ownership are clear. A payable-on-death account or an account with a named beneficiary may pass outside probate. A solely owned account usually needs letters or a qualifying small estate path. The Alabama first steps guide covers this early document stage in more detail.

Within 5 Years: File the Will for Probate

Alabama puts a hard outer limit on wills. A will is not effective unless it is filed for probate within five years from the date of the testator's death (§43-8-161). Miss that window and the estate passes as if there were no will.

Five years sounds generous, and it is, but families who delay because "everything seemed settled" can lose the will's protection when a forgotten asset surfaces in year six. File the will promptly even if you expect a simple administration.

Opening the Estate: Letters Testamentary or Letters of Administration

Alabama sets no general deadline to open an estate beyond the five-year will limit. The timeline still rewards speed, because nearly every other deadline counts from the grant of letters.

You petition the Probate Court in the proper county. The court admits the will, if there is one, and issues letters testamentary to the named executor, or letters of administration when there is no will. Bond, inventory, and accounting requirements vary with the will's terms, since many Alabama wills waive bond and inventory. Use the Alabama executor duties guide for the qualification checklist and what letters let you do.

Within 30 Days of Letters: Notice to Creditors

The personal representative must give notice of the appointment, naming the deceased, the date letters were granted, and the court, and telling claimants to present claims within the time allowed by law or be barred (§43-2-60).

Two clocks run here:

  1. Publication notice must begin within 30 days from the grant of letters, and it runs once a week for three successive weeks in a newspaper of general circulation in the county (§43-2-60, §43-2-61).
  2. Actual notice must go by first-class mail, or another method reasonably calculated to reach the creditor, to every creditor who is known or reasonably ascertainable within six months from the grant of letters, as soon as practicable after the creditor is identified (§43-2-60, §43-2-61).

Keep proof of the publication dates and every mailed notice. Those dates fix the claim bar that follows.

Within 2 Months: Estate Inventory

A personal representative must file an inventory of the property the decedent owned at death within two months after appointment, listing each item with reasonable detail, its fair market value at the date of death, and any encumbrance (§43-2-835).

Two caveats matter. Special administrators and successors to a representative who already filed are excused. And if the will expressly exempts the personal representative from filing an inventory, no filing is required unless the court believes the estate is at risk of waste (§43-2-835). Even when the will waives the filing, build the asset list anyway. You cannot pay claims, plan distributions, or settle without it.

The Six-Month Creditor Claim Window

The creditor claim bar is the main driver of the Alabama probate timeline. Claims against the estate must be presented within six months after the grant of letters, or within five months from the date of first publication of notice, whichever is later (§43-2-350). A creditor entitled to actual notice gets at least 30 days after that notice to file, even if the general window has closed. Claims not presented in time are forever barred.

Presentation means filing the verified claim in the office of the judge of probate where letters were granted. Because the window can stay open a full six months or more, careful personal representatives wait for it to close before making major distributions. Distribute early and you can become personally responsible for a valid claim that arrives later. The Alabama creditor claims guide covers notice mechanics, claim priority, and disputed claims.

Small Estates: The 30-Day Summary Distribution Wait

Qualifying small estates can skip full administration through summary distribution under the Alabama Small Estates Act. The petition is filed with the judge of probate in the county where the decedent was domiciled, notice of the filing is published once or posted at the courthouse, and the Alabama Medicaid Agency must be notified (§43-2-692).

The court cannot enter the summary distribution order until at least 30 days have passed since the publication or posting and at least 30 days since Medicaid received notice (§43-2-692). So even the fastest Alabama path takes about a month after filing. Eligibility limits and the current dollar cap are covered in the Alabama small estate guide.

Elective Share: Within 6 Months

A surviving spouse who wants to take against the will must file a petition for the elective share with the court, and mail or deliver it to the personal representative, within six months after the date of death or within six months after the probate of the will, whichever limitation expires last (§43-8-73). The court can extend the time for cause shown before the window closes.

For the estate calendar, this means the elective share question should be resolved, or the window confirmed closed, before final distributions.

After 6 Months: Final Settlement and Closing

Final settlement may be made at any time after six months from the grant of letters, if the debts are paid and the condition of the estate allows it (§43-2-501). That six-month floor is why no fully administered Alabama estate closes in 90 days.

In practice the closing sequence looks like this: the claim window closes, valid claims and expenses get paid, the representative prepares the settlement accounting, the court sets a hearing, and the court approves the settlement and final distributions. Executor compensation and court costs come out before distribution, and the fee rules live in the Alabama probate costs guide.

Tax Calendar

Tax timing depends on the estate facts.

The decedent's final federal Form 1040 and any required Alabama Form 40 are generally due by the normal filing deadline, about April 15, for the year following the year of death. An estate with income may also need a fiduciary income tax return, federal Form 1041 and Alabama Form 41.

Alabama collects no estate tax of its own for deaths after December 31, 2004, and no inheritance tax, per the Alabama Department of Revenue. Federal estate tax is a separate question. IRS Form 706 is generally due nine months after death when the estate must file or when a portability election is needed, and a six-month filing extension may be available.

What Can Slow the Timeline

An Alabama probate timeline can stretch when:

  • the original will is missing
  • heirs or beneficiaries are unknown or hard to reach
  • a creditor disputes payment or files late under the actual-notice rule
  • real estate must be sold or used to pay claims
  • the estate owns a business interest
  • assets are hard to value for the inventory
  • the surviving spouse claims an elective share
  • a will contest is filed

Some delays are unavoidable. Others come from missing the 30-day publication start or filing an incomplete inventory. Calendar each date from the grant of letters and keep your records organized.

Practical Filing Calendar

Use this working calendar:

  1. First week: secure property, order death certificates, and locate the original will.
  2. First two weeks: list probate and non-probate assets, debts, liens, and likely recipients.
  3. Before filing: confirm the correct county Probate Court and whether summary distribution fits.
  4. At filing: petition for probate of the will and for letters, well inside the five-year limit.
  5. Within 30 days of letters: start the newspaper publication and mail notice to known creditors.
  6. Within two months of appointment: file the inventory unless the will waives it.
  7. Through month six: log claims as they are filed and resolve or contest them.
  8. After month six: confirm the claim window closed, pay approved claims, and resolve any elective share.
  9. Closing: file for final settlement, attend the hearing, distribute, and keep the order.

This is general information about Alabama estates. It is not legal advice. County practice and estate facts change timing, so verify each date with the county Probate Court or a licensed Alabama attorney, and return to the Alabama probate hub for related guides.

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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