Alabama probate is handled by the Probate Court in each county — an elected Probate Judge with exclusive jurisdiction over wills, estates, and guardianships. Alabama is a non-UPC state, meaning it does not follow the Uniform Probate Code used by many western states. The process requires formal court hearings at both opening and closing, with the 6-month creditor period running from the grant of Letters — a key distinction from most other states.
Alabama uses Probate Court — not Circuit Court. Each of Alabama's 67 counties has its own Probate Court with an elected Probate Judge. File your petition with the Probate Court Clerk in the county where the deceased was domiciled at death. Circuit Court has no probate jurisdiction.
Phase 1: Determine Whether Probate Is Required
Phase 1 · Weeks 1–2
Assess the Estate and Choose the Path
- Inventory all assets — distinguish probate assets (titled solely in decedent's name, no beneficiary designation) from non-probate assets (joint tenancy, POD/TOD accounts, life insurance with named beneficiary, IRAs)
- Non-probate assets transfer automatically — no Probate Court involvement needed
- If total personal property ≤ $25,000 and no real estate → use Small Estate Affidavit (§ 43-2-692)
- If personal property exceeds $25,000, or if any real estate is involved → full Probate Court required
- Locate the original will — Alabama Probate Court requires the original
- Determine the county of domicile — file in that county's Probate Court
Phase 2: File Petition and Open the Estate
Phase 2 · Weeks 2–4
File Petition for Probate and Receive Letters
- Petition for Probate of Will and Letters Testamentary (testate) or Petition for Letters of Administration (intestate) — filed with the Probate Court Clerk in the county of domicile
- Attach the original will (if testate) — Alabama requires the original; a copy generally requires a separate lost-will proceeding
- Attach a certified death certificate
- Pay the filing fee — typically $50–$150 depending on the county
- The Probate Judge reviews and enters an Order Admitting Will to Probate (testate) and issues Letters Testamentary or Letters of Administration
- Request multiple certified copies of Letters — each bank and financial institution requires its own original
- Note the date of grant of Letters — this is the start date of the 6-month creditor period
Phase 3: Post Bond (Unless Waived)
Phase 3 · Weeks 3–5
Executor Bond Requirement
- Alabama generally requires the executor/administrator to post a surety bond approximately equal to twice the estimated value of the personal property estate (Ala. Code § 43-2-81)
- The bond protects heirs and creditors if the executor mismanages estate assets
- Bond can be waived if: (a) the will explicitly waives bond, or (b) all interested parties consent in writing and the Probate Judge approves the waiver
- If required, obtain a bond from a licensed surety company — annual premium is typically 0.5%–1% of the bond amount
- File the bond with the Probate Court Clerk before exercising authority over estate assets
Bond waiver tip. If the will contains a bond waiver clause (common in attorney-drafted wills), present this to the Probate Judge at the initial hearing. If the will does not waive bond, getting written consent from all beneficiaries and filing a Motion to Waive Bond can save significant cost — bond premiums on a sizable estate accumulate over an 8–14 month administration period.
Phase 4: Publish Notice and Start the Creditor Clock
Phase 4 · Weeks 3–6 · 6-MONTH CLOCK STARTS AT GRANT OF LETTERS
Publish Notice to Creditors — Creditor Period Runs from Letters Date
- Publish a Notice to Creditors in a newspaper of general circulation in the county (Ala. Code § 43-2-61) — this notifies unknown creditors
- File proof of publication (affidavit from the newspaper) with the Probate Court
- Send written notice to all known heirs, beneficiaries, and known creditors
- Alabama's creditor period is 6 months from the date Letters are granted — not from publication date (Ala. Code § 43-2-350)
- Creditors who fail to file claims within 6 months from Letters are generally barred
- Do not distribute assets to heirs before the 6-month period expires
Alabama's creditor clock is different from most states. In Mississippi, the 90-day creditor period runs from first publication. In Arkansas, 6 months from first publication. In Alabama, 6 months from the date the Probate Court grants Letters. File your petition as soon as possible after death to start this clock — the sooner Letters are granted, the sooner the 6-month period begins counting down.
Phase 5: File Inventory with Probate Court
Phase 5 · Within 2 Months of Letters · DEADLINE
File Sworn Inventory — 2-Month Deadline
- File a sworn Inventory of all estate assets with the Probate Court within 2 months of appointment (Ala. Code § 43-2-310)
- Inventory must list: all real estate (legal description, estimated fair market value), all personal property (financial accounts, vehicles, investments, household goods), any debts owed to the estate
- The Probate Judge may appoint an appraiser to establish fair market values for disputed or unclear assets
- Open an estate bank account in the estate's name — all estate income and expenses flow through this account
- Collect estate assets — re-title financial accounts to the estate, gather any outstanding debts owed to the decedent
- Missing the 2-month Inventory deadline can result in the Probate Judge removing the executor for failure to perform duties
Phase 6: Pay Debts, Taxes, and Administer
Phase 6 · Months 2–8
Settle Debts, Pay Taxes, and Manage Assets
- After the 6-month creditor period expires, pay valid claims in the priority order set by Ala. Code § 43-2-371: (1) costs of administration, (2) funeral expenses, (3) federal taxes and liens, (4) last illness expenses, (5) state taxes, (6) all other debts
- If the estate is insolvent, pay in strict priority order — never pay lower-priority creditors before higher-priority ones
- File the decedent's final federal income tax return (Form 1040) for the year of death — due April 15
- File the decedent's final Alabama Form 40 (individual income tax) — due April 15
- File Alabama Form 41 (Fiduciary Income Tax Return) for each year the estate earns income — interest, dividends, rents, capital gains
- Alabama has no estate tax and no inheritance tax — no state death tax returns required
- Maintain detailed records of all receipts and disbursements for the Final Settlement
No Alabama estate tax. No Alabama inheritance tax. Alabama has eliminated both. No state estate tax return is required regardless of estate size. Only potential federal estate tax (Form 706, for estates over $13.61 million) applies. This simplifies Alabama estate administration compared to states like Oregon ($1M threshold) or Hawaii ($5.49M threshold) that impose state estate taxes.
Alabama income tax during administration. Alabama's graduated income tax has a top rate of 5% (over $3,000 single / $6,000 married). If the estate generates income during administration — interest, dividends, rental income, capital gains — file Form 41 (Alabama Fiduciary Income Tax Return) for each tax year the estate is open. The decedent's final personal return uses Form 40. Verify current rates at revenue.alabama.gov.
Phase 7: Final Settlement, Distribution, and Discharge
Phase 7 · Months 8–14
File Final Settlement and Close Before Probate Judge
- After the 6-month creditor period expires and all debts and taxes are paid, prepare a Final Settlement listing all assets received, all disbursements made, and the remaining balance for distribution
- File the Petition for Final Settlement with the Probate Court, attaching the Final Settlement account (Ala. Code § 43-2-500 et seq.)
- Schedule the Final Settlement hearing before the Probate Judge — Alabama requires a court hearing to close the estate
- Provide notice of the hearing to all heirs and beneficiaries
- At the hearing, the Probate Judge reviews the Final Settlement, confirms all creditors have been paid, and enters an Order of Final Settlement approving distribution
- Distribute remaining assets to heirs per the will or intestacy law
- File receipts from each distributee with the Probate Court confirming they received their share
- File for Discharge of Executor/Administrator — this releases the executor from further liability and formally closes the estate
Key Alabama Probate Statutes
| Subject | Statute |
|---|---|
| Small estate affidavit | Ala. Code § 43-2-692 |
| General probate authority | Ala. Code § 43-2-1 et seq. |
| Bond requirement | Ala. Code § 43-2-81 |
| Publication of notice to creditors | Ala. Code § 43-2-61 |
| 6-month creditor period from Letters | Ala. Code § 43-2-350 |
| Inventory — 2-month deadline | Ala. Code § 43-2-310 |
| Priority of debt payment | Ala. Code § 43-2-371 |
| Intestate succession | Ala. Code § 43-8-40 et seq. |
| Will execution requirements | Ala. Code § 43-8-131 |
| Final settlement | Ala. Code § 43-2-500 et seq. |
Common Pitfalls in Alabama Probate
- Filing in the wrong court — Probate Court only; Circuit Court has no probate jurisdiction
- Misunderstanding the creditor period start date — Alabama's 6 months runs from grant of Letters, not from publication. Many executors mistakenly count from publication and distribute too early
- Missing the 2-month Inventory deadline — file within 2 months of Letters or risk removal by the Probate Judge
- Distributing assets before the creditor period ends — wait the full 6 months from grant of Letters before distributing to heirs
- Not getting enough certified copies of Letters — each bank, financial institution, and government agency requires its own original certified copy
- Overlooking the Final Settlement hearing — Alabama requires a court hearing at closing; the estate cannot close without the Probate Judge's approval