Topic guideUpdated 2026-02-27
Alabama Probate Creditor Claims & Deadlines
How creditor claims work in Alabama probate — the notice process, the six-month window, payment priority, and what happens with disputed claims.
The notice process
1
Publish notice to creditors
The personal representative publishes a notice in a newspaper of general circulation in the county where the estate is being administered. This starts the claims clock.
2
Send direct notice to known creditors
In addition to published notice, the personal representative should send written notice to any creditors they are aware of — mortgage lenders, credit card companies, medical providers, etc. Known creditors who receive direct notice have first-class mail notice to known or reasonably ascertainable creditors within 6 months from the grant of letters.
3
Wait for the claims window to close
The Nonclaim period is 6 months after grant of letters, or 5 months from first publication of notice — whichever is later §43-2-350. Claims filed after this deadline are permanently barred.
4
Review and resolve each claim
The personal representative evaluates each claim for validity, amount, and timeliness. Claims can be accepted, negotiated, or formally disputed.
Payment priority under Alabama law §43-2-371
When the estate has enough assets to pay all debts, priority is straightforward. When it does not, statute establishes the order:
| Priority | Category | |
|---|---|---|
| First | Administration expenses, funeral costs, and taxes §43-2-371 | |
| Second | Secured claims and statutory preferences §43-2-371 | |
| Third | General unsecured claims §43-2-371 |
- Funeral and burial expenses
- Administration fees and attorney costs
- Expenses of the last illness
- Taxes assessed on the estate prior to death
- Debts due to employees for services in the year of death
- All other valid claims (pro rata if funds are insufficient)
⚠Distributing assets to beneficiaries without paying or reserving funds for valid claims can create personal liability for the personal representative §43-2-830. When in doubt, retain funds until the claims period closes.
Common complications
- Late claims filed after the nonclaim window (barred, but exceptions exist)
- Disputed claims that require court hearings to resolve
- Estates where debts exceed assets (insolvent estates require strict priority payment)
- Claims from parties who were not given adequate notice
- Medical debts or long-term care costs that continue to arrive after death
Prepare for Your Consultation
Quick checklist (Probate)
You can start the intake without all of these.
Death certificate
(copy)
Will or trust docs
(if any)
Basic asset list
(accounts / property)
General preparation tips only. Requirements vary by case and county.
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Common Questions
Frequently Asked Questions
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Related guides
Legal authoritiesStatutes referenced on this page
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 to creditors — whichever is later
- Creditors entitled to actual notice under get 30 days after notice
- Claims not timely filed are permanently barred
- Claims must be filed as verified claims in probate court
Verified 2026-08-31 · 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
Ala. Code § 43-2-830
Fiduciary duty of personal representative
The personal representative acts as a fiduciary with duties of loyalty, care, and impartiality toward estate beneficiaries.
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →