OverviewUpdated 2026-02-27
Alabama Probate Guide — What to Expect
Probate basics, timelines, and what happens next
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How Probate Works
When someone passes away, probate is the court-supervised process of settling their estate — identifying assets, paying debts, and distributing what remains to heirs or beneficiaries. Whether there's a will or not, most estates with titled property (homes, vehicles, bank accounts) must go through probate. The process can feel overwhelming, especially while grieving, but understanding the steps ahead makes it manageable.
1
📝
Gather Basics
will, death cert, assets
2
🏛️
File in County
court + venue rules
3
👤
Rep Appointed
executor / administrator
4
🔔
Inventory + Notices
assets, creditors, heirs
Estate Settlement
💰
Debts + Taxes
claims, expenses, filings
📄
Distribute Assets
per will or intestacy
✅
Close Estate
final accounting
High-level illustration only. Steps and order vary by facts and county.
The key phases of Alabama probate
1
Filing the petition
Someone with standing — the Executor named in the will, or a close family member — files a petition with the probate court in the appropriate county.
2
3
Inventory, notice, and Creditor claims
The Personal representative identifies assets, has property appraised if needed, publishes notice to creditors, and manages the claims period — 6 months after grant of letters, or 5 months from first publication of notice — whichever is later §43-2-350.
4
Paying debts and expenses
Valid claims, taxes, and administration expenses are paid from estate funds in the priority order set by Alabama statute §43-2-371.
5
Distribution and closing
After obligations are resolved, remaining assets are distributed to heirs or beneficiaries. The personal representative files a Final accounting and petitions to close.
What bypasses probate entirely
- Joint bank accounts with right of survivorship
- Life insurance policies with a named beneficiary
- Retirement accounts (401k, IRA) with a named beneficiary
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Property held in a living trust
- Real estate held as joint tenants with right of survivorship
✓Even when most assets bypass probate, you may still need to open a case if there are debts to resolve, a will to validate, or any solely-owned property to transfer.
When timing matters most
Alabama does not impose a strict deadline to file for probate, but delays create problems. Creditors may pursue claims independently, property may deteriorate without authorized management, and family disputes tend to intensify over time. The right to administer must be claimed within 40 days of death or the priority may be deemed waived.
⚠If you have been named as Executor or expect to serve as Administrator, consult an attorney early. Decisions made (or missed) in the first few weeks can affect the entire case.
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Common Questions
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Legal authoritiesStatutes referenced on this page
Ala. Code § 43-8-1 et seq.
Alabama Uniform Probate Code
Alabama's version of the Uniform Probate Code, governing wills, intestacy, and estate administration.
Verified 2026-07-13 · quarterly review
Ala. Code § 43-8-40 through § 43-8-58
Intestate succession
Determines who inherits when there is no valid will — surviving spouse, children, parents, siblings, in statutory order. Heir must survive decedent by 5 days ([§ 43-8-43]).
- Surviving spouse receives entire estate if no surviving descendants or parents
- If all descendants are also descendants of surviving spouse: first $50,000 plus half the balance ([§ 43-8-41])
- If surviving parent(s) but no descendants: first $100,000 plus half the balance
- Dollar amounts subject to CPI adjustment every 3 years ([§ 43-8-116])
Ala. Code § 43-8-130 through § 43-8-137
Will execution requirements
A valid Alabama will must be in writing, signed by the testator, and attested by at least two witnesses.
- Must be signed by testator (or another person at testator's direction and in testator's presence)
- Requires two or more competent witnesses
- Holographic (handwritten, unwitnessed) wills are not valid in Alabama
Verified 2026-08-31 · quarterly review
Ala. Code § 43-2-42
Who may serve as personal representative
Sets priority for appointment of administrator in intestate estates: surviving spouse, next of kin, largest creditor, or other person at judge's discretion.
Verified 2026-07-13 · quarterly review
Ala. Code § 43-2-61
Notice to creditors — publication requirement
Requires the personal representative to publish notice to creditors once a week for three successive weeks in a newspaper of general circulation in the county, and to send first-class mail notice to creditors who are known or reasonably ascertainable within six months from the grant of letters.
Verified 2026-09-01 · quarterly review
Ala. Code § 43-2-350
Nonclaim statute — creditor claims deadline
All claims against the estate must be presented within the nonclaim period or they are forever barred: 6 months after grant of letters, or 5 months from first publication of notice, whichever is later.
Verified 2026-07-13 · quarterly review
Ala. Code § 43-2-371
Payment priority for estate debts
Establishes the priority order for paying estate debts: funeral expenses, administration costs, last illness expenses, pre-death taxes, employee wages, then all other claims pro rata.
Verified 2026-07-13 · quarterly review
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