Alabama probate is administered by the Probate Court in the county where the deceased was domiciled at death. Unlike many neighboring states, Alabama's Probate Court is a distinct court — separate from Circuit Court — presided over by an elected Probate Judge. Understanding this distinction is essential before filing anything.
Small Estate Affidavit vs. Full Probate
| Factor | Small Estate Affidavit | Full Probate Court |
|---|---|---|
| Personal property threshold | ≤ $25,000 | Any amount |
| Real estate included? | No — affidavit cannot transfer real estate | Yes — Probate Court required |
| Wait period | None | None to file; 6-month creditor period |
| Court filing required? | No | Yes — Probate Court |
| Authority | Ala. Code § 43-2-692 | Ala. Code § 43-2-1 et seq. |
| Typical duration | Days to weeks | 8–14 months |
7-Phase Probate Court Process
Identify all assets, determine what requires probate vs. passes automatically (joint tenancy, POD/TOD, beneficiary designations). Locate the original will. File the Petition for Probate of Will and Letters Testamentary (testate) or Petition for Letters of Administration (intestate) with the county Probate Court. Attach the original will and certified death certificate. Pay the filing fee. The Probate Judge issues Letters — the legal authority to act on behalf of the estate.
Alabama requires the executor/administrator to post a surety bond equal to approximately twice the estimated personal property value (Ala. Code § 43-2-81) unless the will contains a bond waiver or all heirs consent to waiver and the court approves. Once the bond is posted (or waived), the Probate Judge issues certified Letters Testamentary or Letters of Administration. Request multiple certified copies — each financial institution requires its own original.
Publish Notice to Creditors in a newspaper of general circulation in the county (Ala. Code § 43-2-61). Send written notice to all known heirs, beneficiaries, and known creditors. Alabama's 6-month creditor period runs from the date the Probate Court grants Letters — not from the date of first publication and not from the date of death. This distinction is critical for timeline planning.
File a sworn Inventory of all estate assets with the Probate Court within 2 months of appointment (Ala. Code § 43-2-310). The Inventory must list all real and personal property with estimated fair market values. The Probate Judge may appoint an appraiser for disputed or unclear values. Missing the 2-month Inventory deadline can result in the Probate Judge removing the executor for failure to perform duties.
Open the estate bank account, collect all estate assets, maintain estate property, and manage any estate income. Keep detailed records of all receipts and disbursements for the Final Settlement. File the decedent's final income tax returns and any estate fiduciary returns as required.
After the 6-month creditor period expires, evaluate all creditor claims. Pay valid claims in the priority order set by Ala. Code § 43-2-371: (1) costs of administration, (2) funeral expenses, (3) federal taxes, (4) last illness expenses, (5) state taxes, (6) all other debts. Reject invalid or time-barred claims in writing. Do not distribute to heirs before paying all valid creditors.
Prepare a Final Settlement listing all assets received, all disbursements, and the balance for distribution. File with the Probate Court and schedule a hearing before the Probate Judge. After the hearing, the judge enters an Order of Final Settlement approving distribution. Distribute to heirs, obtain signed receipts from each distributee, file the receipts with the Probate Court, and obtain the Probate Judge's Discharge of Executor/Administrator.
Alabama Key Probate Statutes
| Subject | Statute |
|---|---|
| Small estate affidavit | Ala. Code § 43-2-692 |
| General probate authority | Ala. Code § 43-2-1 et seq. |
| Publication of notice to creditors | Ala. Code § 43-2-61 |
| 6-month creditor period | Ala. Code § 43-2-350 |
| Inventory — 2-month deadline | Ala. Code § 43-2-310 |
| Priority of debt payment | Ala. Code § 43-2-371 |
| Bond requirement | Ala. Code § 43-2-81 |
| Will execution requirements | Ala. Code § 43-8-131 |
| Intestate succession | Ala. Code § 43-8-40 et seq. |
| Final settlement | Ala. Code § 43-2-500 et seq. |
Alabama Taxes on Estates
Alabama Intestate Succession (No Will)
If the deceased left no valid will, Alabama's intestacy laws (Ala. Code § 43-8-40 et seq.) determine who inherits:
- Surviving spouse and children: Spouse receives first $50,000 plus ½ of the remainder; children share the other half equally
- Surviving spouse, no children: Spouse receives all
- Children, no surviving spouse: Children share equally (per stirpes to grandchildren)
- No spouse or children: Parents; then siblings; then more remote relatives
- No heirs: Estate escheats to the State of Alabama
Alabama Will Requirements
To be valid in Alabama (Ala. Code § 43-8-131), a will must be:
- In writing (typed or handwritten)
- Signed by the testator (or by another person in the testator's presence and at their direction)
- Witnessed by at least two competent witnesses who sign in the testator's presence
Alabama also recognizes holographic wills — entirely handwritten and signed by the testator, no witnesses required (Ala. Code § 43-8-136). Alabama does not recognize oral (nuncupative) wills except in very limited military circumstances.