Alabama Probate Information
Quick facts
| Topic | Current rules |
|---|---|
| Court that hears probate | Each Alabama county has its own probate court. Estate administration starts in the probate court of the county where the person lived. |
| Filing officer | The probate judge is the filing officer and the judge. The filing counter is the probate office. |
| Venue | File in the probate court of the county where the decedent lived. For a nonresident decedent, venue may be in a county where the decedent left assets, and venue may also be proper in a county designated in the will if the testator owned property there (Ala. Code § 43-8-162). |
| Small estate route | Summary distribution may fit a personal-property-only estate that does not exceed $47,000, the amount published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02. |
| Full administration | Used when the estate includes real property, exceeds the summary distribution amount, needs letters testamentary or letters of administration, or needs a personal representative to act. |
| Creditor claims | Claims are generally barred if not presented within six months after the grant of letters, with a 30-day period after actual notice for a creditor entitled to actual notice (Ala. Code §§ 43-2-350, 43-2-352). |
| Will contests | A pre-probate contest may be filed in the probate court. A contest after probate must be filed within six months after probate in the circuit court of the county where the will was probated (Ala. Code §§ 43-8-190, 43-8-199). |
| Deadline to file a will | A will must be filed for probate within five years from the date of death (Ala. Code § 43-8-161). |
| Filing fees | Alabama sets probate judges' fees by statute and leaves local fee laws in place, so the opening cost is a county-level item. The probate office must post its fee list and furnish a copy on request (Ala. Code §§ 12-19-90, 12-19-40). |
| Public form set | Alabama does not publish one public probate form set for families to use statewide. Forms and cover sheets are county-by-county items. |
| Electronic filing and case lookup | Alabama has no single statewide way to file probate electronically and no single statewide place to look up probate cases. Some probate offices run their own systems, and the county probate office controls what is available. |
| Remote appearance | Whether a probate hearing can be attended by phone or video is set by the probate court in that county. Ask the probate office when the hearing is set. |
| Alabama tax | For deaths after December 31, 2004, the Department of Revenue states that estates are not required to file an Alabama estate tax return. Alabama does not impose a separate inheritance tax on beneficiaries (Ala. Code § 40-15-2). |
Before you begin — know the assets and liabilities
Before choosing a probate path in Alabama, first list the assets, debts, real property, accounts, and likely creditors. That asset picture matters because summary distribution is limited to personal property and the current ceiling is $47,000, published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02.
Sunset searches more than 2,300 financial institutions to help families find accounts and organize the estate settlement file before they file in the probate office. That early organization also supports the inventory and creditor-notice work that may follow in a full administration.
Which court handles probate
Alabama probate is local to the county. File in the probate court of the county where the decedent lived, or, for a person who lived outside Alabama, in a county where the person left assets. Venue may also be proper in a county named in the will if the testator owned property there at death (Ala. Code § 43-8-162).
Every one of Alabama's 67 counties has its own probate court, and an administration opens there before any later removal issue can arise. Sunset's Alabama county pages carry each probate court's courthouse address, phone number, and county-specific filing details.
The probate process
- Find the will and identify the estate. Anyone holding the will after death must deliver it to someone able to secure probate or to the court, and a will must be filed for probate within five years from the date of death (Ala. Code §§ 43-8-270, 43-8-161).
- Decide which route fits. If the estate is personal property only and does not exceed $47,000, the amount published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02, summary distribution may fit. If there is real property, a larger estate, or a need for court-issued authority, use full administration.
- File in the probate office of the county where the person lived. For summary distribution, the petition is verified, no bond is filed with it, and a self-proved will is filed with it if there is one (Ala. Code §§ 43-8-162, 43-2-692).
- Pay the county's opening charge. Ala. Code § 12-19-90 sets the probate judges' fee structure and leaves local fee laws in place, so ask the probate office or read the fee list it must post (Ala. Code § 12-19-40).
- Give the required notice. For summary distribution, notice of the filing is published once in a county newspaper of general circulation, or posted at the courthouse for one week, and the petitioner notifies the Alabama Medicaid Agency and gives proof to the court (Ala. Code § 43-2-692). For a will in full administration, at least ten days' notice goes to the surviving spouse and next of kin in Alabama before the application can be heard (Ala. Code § 43-8-164).
- Attend the hearing if the court sets one. Whether the hearing can be attended by phone or video is set by that county's probate court, so ask the probate office when the hearing is set.
- Receive the court's authority. In a full administration, the authority is letters testamentary or letters of administration, and bond is generally required unless the will expressly excuses it and the court does not require one anyway (Ala. Code § 43-2-851). In summary distribution, the authority is an order directing distribution, which the court cannot enter until at least 30 days after publication and at least 30 days after the Alabama Medicaid Agency received notice (Ala. Code §§ 43-2-692, 43-2-693).
- Administer the estate. The personal representative gives notice of appointment within one month from the grant of letters, mails actual notice to known or reasonably ascertainable creditors within six months, files an inventory generally within two months unless the will expressly excuses it, and pays allowed claims in the statutory order (Ala. Code §§ 43-2-60, 43-2-61, 43-2-835, 43-2-371).
- Close with a final settlement. A final settlement may be made any time after six months from the grant of letters if the debts are paid and the estate is otherwise capable of being settled, with notice of the settlement day as required by law (Ala. Code §§ 43-2-501, 43-2-505). If the estate instead turns into an equitable dispute and that county's probate court has no equity power, an interested party may petition to remove the already-opened administration to the circuit court (Ala. Code § 12-11-41).
Executor duties
Executor duties in Alabama
| Duty | What it means in Alabama |
|---|---|
| Take the will to probate | Anyone holding the will after death must deliver it to someone able to secure probate or to the court, and a will must be filed for probate within five years from the date of death (Ala. Code §§ 43-8-270, 43-8-161). |
| Petition and qualify | An executor named in a will may receive letters testamentary if the will is admitted and the person meets the statutory qualifications. If there is no will, an administrator may receive letters of administration under Alabama's appointment rules. |
| Give bond | Bond payable to the judge of probate is the default. A will can expressly excuse bond, but the court can still require one if the estate is likely to be wasted or an interested person's interest is endangered (Ala. Code § 43-2-851). |
| Notify creditors | Give notice of appointment within one month from the grant of letters, publish once a week for three consecutive weeks, and mail actual notice to known or reasonably ascertainable creditors within six months from the grant of letters (Ala. Code §§ 43-2-60, 43-2-61). |
| File an inventory | File an inventory generally within two months of appointment unless the will expressly excuses it. The court can order an inventory anyway if the estate may be wasted or an interested person would be prejudiced (Ala. Code § 43-2-835). |
| Collect and protect property | Collect and take possession of the decedent's property, subject to the statutory rule allowing some real or tangible personal property to remain with the person presumptively entitled to it unless needed for administration or directed otherwise by the will (Ala. Code § 43-2-837). |
| Handle claims in order | Pay allowed claims in Alabama's statutory order, starting with funeral expenses, administration expenses, expenses of the last illness, taxes assessed before death, employee debts for services in the year the decedent died, and then other debts (Ala. Code § 43-2-371). |
| Account and settle | Make annual settlements unless the will waives them, and complete a final settlement when the estate is ready and the statutory conditions are met (Ala. Code §§ 43-2-500, 43-2-501). |
| Take compensation only as allowed | A personal representative may receive reasonable compensation, capped at 2.5 percent of property received and 2.5 percent of disbursements, with the court able to allow more for extraordinary service (Ala. Code §§ 43-2-848, 43-2-844). |
Forms and documents
Probate forms in Alabama
Alabama does not publish one public probate form set for families to download and file in every county. The Alabama Law Institute publishes a forms volume for probate judges, but that is a judges' reference, not a public filing packet.
Forms, checklists, cover sheets, and local filing instructions are county matters. Check the probate office for the county where the estate will be filed before preparing a petition, especially if you are choosing between summary distribution and full administration.
Fees
Alabama sets probate judges' fees in Ala. Code § 12-19-90, and that statute leaves local fee laws in place. That means the amount due to open an estate is a county-level item, not one number that applies across Alabama.
The probate office must post a complete list of the fees allowed by law and furnish a copy on request (Ala. Code § 12-19-40). Probate court fees may be collected when a pleading is filed or at the end of the matter, as the court decides, and the court may require a security deposit for unanticipated costs (Ala. Code § 12-19-43).
Timeline
- Letters of administration cannot be granted until five days after the death of an intestate is known (Ala. Code § 43-2-45).
- Within one month from the grant of letters, the personal representative gives notice of appointment and begins the creditor notice process (Ala. Code §§ 43-2-60, 43-2-61).
- Within two months of appointment, an inventory is generally due unless the will expressly excuses it or the court rules otherwise (Ala. Code § 43-2-835).
- Claims are generally barred if not presented within six months after the grant of letters, with a 30-day period after actual notice for a creditor entitled to actual notice (Ala. Code §§ 43-2-350, 43-2-352).
- A will contest after probate must be filed within six months after probate (Ala. Code § 43-8-199).
- A final settlement may be made any time after six months from the grant of letters if the debts are paid and the estate is otherwise capable of being settled (Ala. Code § 43-2-501).
- For summary distribution, the court cannot order distribution until at least 30 days after publication and at least 30 days after the Alabama Medicaid Agency received notice (Ala. Code § 43-2-692).
- These are statutory milestones, not a prediction of how long an estate settlement will take.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
Alabama's biggest probate distinction is the split between ordinary probate powers and limited equitable powers. A small number of probate courts can decide certain equitable disputes because of local law or local constitutional amendment. Mobile County's probate court has this power by a codified local law (Ala. Code § 45-49-85.60), Jefferson County's probate court has equity jurisdiction by local act, and Shelby County's probate court has it by local constitutional amendment, conditioned on the probate judge being licensed to practice law in Alabama.
In counties without that power, estate administration still opens in the probate court. If the administration later becomes an equitable dispute, an interested party may petition to remove the already-opened administration to the circuit court (Ala. Code § 12-11-41).
| Issue | Summary distribution | Full administration |
|---|---|---|
| Authority | Revised Alabama Small Estates Act (Ala. Code §§ 43-2-690 to 43-2-696.02) | Ala. Code § 12-13-1 and Title 43, Chapter 2 |
| Use | Distributing the personal property of a qualifying small estate without appointing a personal representative | Handling an estate that includes real property, exceeds the small estate amount, or needs someone with authority to act |
| Ceiling | $47,000, published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02 | No ceiling |
| Real property | Cannot pass through summary distribution | Handled in the administration, with court involvement where a sale is needed |
| Who files | The surviving spouse, or if there is none, a distributee entitled to the personal property | The executor named in the will, or a person entitled to letters of administration |
| What the court issues | An order directing summary distribution | Letters testamentary or letters of administration, followed later by a final settlement |
| Notice | Publication once, courthouse posting if there is no county newspaper of general circulation, and notice to the Alabama Medicaid Agency | Notice of appointment to creditors, publication once a week for three consecutive weeks, and actual notice to known or reasonably ascertainable creditors |
Small-estate alternatives
Alabama's small-estate route is summary distribution under the Revised Alabama Small Estates Act. The current ceiling is $47,000, published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02. That amount equals the combined homestead allowance, exempt property, and family allowance as adjusted under Ala. Code § 43-8-116.
Act 2025-431 took effect October 1, 2025 and replaced the prior annual adjustment system. The State Treasurer adjusts the underlying allowances on a three-year cycle for the cumulative CPI-U change, rounded to the nearest twenty-five dollars, and an adjusted figure applies to exemptions claimed on or after the April 1 that follows the adjustment date (Ala. Code § 43-8-116).
Summary distribution is limited to personal property. It cannot transfer real property. It is also unavailable if the decedent is survived by a minor child who is not the child of the surviving spouse. The petition is filed in the probate office of the county where the decedent was domiciled at death, and if there is a self-proved will, that will is filed with the petition (Ala. Code § 43-2-692).
After filing, notice of the petition is published once in a county newspaper of general circulation, or posted at the courthouse for one week if there is no such county newspaper. The petitioner must also notify the Alabama Medicaid Agency and provide proof to the court. The court cannot order distribution until at least 30 days after publication and at least 30 days after the Alabama Medicaid Agency received notice (Ala. Code § 43-2-692).
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| The Revised Alabama Small Estates Act was rewritten. The ceiling for summary distribution is now the combined homestead allowance, exempt property, and family allowance as adjusted, which the Department of Finance published as $47,000 on January 6, 2026. The Act also requires notice to the Alabama Medicaid Agency and waiting periods before the court can order distribution. | October 1, 2025 | Act 2025-431; Ala. Code §§ 43-2-690 to 43-2-696.02 |
| The underlying allowances are adjusted by the State Treasurer on a three-year cycle for the cumulative change in the Consumer Price Index, rounded to the nearest twenty-five dollars, and an adjusted figure applies to exemptions claimed on or after the April 1 that follows the adjustment date. | Published January 6, 2026 | Ala. Code § 43-8-116 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Alabama path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | A home means summary distribution is off the table because the Small Estates Act reaches personal property only. The estate is administered in the probate court of the county where the spouse lived, and the surviving spouse may need to evaluate the homestead allowance, exempt property, and family allowance under Ala. Code §§ 43-8-110 to 43-8-113. | Sunset helps identify accounts, organize the estate settlement file, and prepare the family to discuss the house and probate path with a local attorney. |
| Out-of-state adult child with a small estate | Living outside Alabama does not by itself stop someone named as executor in an Alabama will from serving (Ala. Code § 43-2-191). If there is no will, Alabama restricts letters of administration to a nonresident unless that person is already serving as executor or administrator of the same estate in another state (Ala. Code § 43-2-22). If the estate is personal property only and within $47,000, published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02, summary distribution may fit. | Sunset helps the child find assets from outside Alabama, assemble the petition materials, and connect with a local probate attorney if travel or appointment questions arise. |
| Parent settling predeceased child's estate, home must be sold | A house rules out summary distribution. Full administration is the likely path, with letters, bond, inventory, creditor notice, a sale process, and final settlement. If the sale becomes contested and the county's probate court lacks equity power, an interested party may petition to remove the already-opened administration to the circuit court (Ala. Code § 12-11-41). | Sunset helps organize the asset list, create an estate settlement checklist, and connect the parent with a probate attorney for the sale and any dispute. |
Self-help resources
| Resource | What it can help with | Contact |
|---|---|---|
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case-type priorities. Its published practice areas include heirs property and estate planning, older adult resources, veterans services, domestic violence, and disaster relief. | 866-456-4995. Call center hours Monday through Friday, 8:30 a.m. to 4:30 p.m. Online applications accepted. |
| AlabamaLegalHelp.org | Legal Services Alabama points readers to this self-help and referral site. | AlabamaLegalHelp.org |
| County probate office | The probate office can give its own hours, fees, filing mechanics, available local forms, and hearing instructions. It cannot choose a legal path for you or give legal advice. | Use the probate office for the county where the estate will be filed. |
When to hire an attorney
A probate attorney makes sense when the estate includes real property that must be sold, heirs disagree, a will contest is threatened, claims may exceed assets, a minor or person under a disability will take, a business or farm must be valued, a nonresident appointment issue exists, or the matter may require equity that the county probate court cannot provide. Probate offices can explain their own filing mechanics, but they cannot give legal advice or choose forms for a family. Sunset connects the family to a vetted local probate attorney.
How Sunset helps in Alabama
Find the accounts and assets. Sunset helps families locate financial accounts, organize property information, and build the asset picture needed to choose between summary distribution and full administration.
Generate the probate packet. Sunset assembles the information families need for an Alabama estate settlement packet, including heirs, assets, debts, and the documents a local probate office or attorney may request.
Find a local probate attorney. When real property, disputes, claims, nonresident appointment questions, or equity issues make the case more complicated, Sunset connects families with a vetted Alabama probate attorney.
Sunset is free for families. Sunset gives families a guided place to organize estate settlement tasks and understand next steps without charging families for access.
Frequently asked questions
Where do I file probate in Alabama?
File in the probate court of the county where the decedent lived. For a person who lived outside Alabama, a county where the person left assets may be proper, and a will can also designate a county if the testator owned property there at death (Ala. Code § 43-8-162).
What is the small estate limit in Alabama?
The current summary distribution ceiling is $47,000, published January 6, 2026 under Act 2025-431 and Ala. Code § 43-2-696.02. The amount is tied to the combined homestead allowance, exempt property, and family allowance as adjusted under Ala. Code § 43-8-116.
Can summary distribution transfer a house in Alabama?
No. Summary distribution is limited to personal property and cannot be used to transfer real property. If a house needs to be administered or sold, the estate usually needs full administration in the probate court.
How long do creditors have to file a claim in an Alabama estate?
Claims are generally barred if not presented within six months after the grant of letters testamentary or letters of administration. A creditor entitled to actual notice must be allowed 30 days after that notice to present the claim (Ala. Code §§ 43-2-350, 43-2-352).
How long do I have to file a will for probate in Alabama?
A will must be filed for probate within five years from the date of death (Ala. Code § 43-8-161). Anyone holding the will after death has a duty to deliver it to someone able to secure probate or to the court (Ala. Code § 43-8-270).
How do I contest a will in Alabama?
Before probate, an interested person may contest the will in the probate court (Ala. Code § 43-8-190). After probate, a contest must be filed within six months in the circuit court of the county where the will was probated (Ala. Code § 43-8-199).
How much does it cost to open an estate in Alabama?
Alabama uses a statutory probate judges' fee structure that leaves local fee laws in place, so the opening cost depends on the county where the estate is filed (Ala. Code § 12-19-90). The probate office must post its full fee list and furnish a copy on request (Ala. Code § 12-19-40).
Are there Alabama probate forms I can use statewide?
Alabama does not publish one public probate form set for families to use in every county. Some county probate offices publish local petitions, checklists, or cover sheets, and others do not, so check the county where the estate will be filed.
Can I look up an Alabama probate case online?
Alabama has no single statewide probate case lookup. The state's paid trial-court case product lists criminal, civil, small claims, traffic, domestic relations, and child support matters, not probate, while some county probate offices run their own systems.
Can I handle an Alabama probate from another state?
Living outside Alabama does not by itself stop someone named as executor in an Alabama will from serving (Ala. Code § 43-2-191). If there is no will, a nonresident can be appointed administrator only if already serving as executor or administrator of the same estate in another state, and a nonresident applicant must provide a post office address and update it in writing if it changes (Ala. Code §§ 43-2-22, 43-2-190).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.