Probate in Alabama: Complete 2026 Guide

Overview

Alabama's probate process is governed by the Alabama Probate Code (Title 43, Chapter 8 of the Code of Alabama) and administered through Probate Courts in each of the state's 67 counties. The Probate Judge in each county has jurisdiction over the administration of estates, appointment of personal representatives, and oversight of asset distribution.

Alabama uses a traditional probate system that requires court involvement for most estates, though the state has taken steps to simplify the process for smaller estates. The Revised Alabama Small Estates Act, effective October 1, 2025, significantly expanded the eligibility for summary distribution, allowing more families to settle estates without the full probate process.

Under Alabama law, the Personal Representative (called an executor if named in the will, or an administrator if appointed by the court) is responsible for managing the estate through the probate process. The court issues Letters Testamentary (for executors named in a will) or Letters of Administration (for court-appointed administrators) granting legal authority to act on behalf of the estate.

Key features of Alabama's probate system include:

• Full probate with court oversight for most estates
• Summary distribution for small estates valued at approximately $47,000 or less (as of 2025)
• 6-month creditor claim period from the granting of letters
• 45-day inventory requirement after the issuance of letters
• No state estate tax — Alabama does not impose a state-level estate or inheritance tax
• Homestead allowance of $15,000 for surviving spouses
• 5-year deadline to file a will for probate after the decedent's death

When Probate is Required

Probate is generally required in Alabama when a deceased person owned assets solely in their name. Here is a breakdown of when probate is and is not necessary:

Probate IS typically required when:

• The decedent owned real property (land, homes, commercial property) solely in their name
• The decedent had bank accounts, vehicles, or other assets titled only in their name
• There is a will that must be validated (admitted to probate) by the court
• The decedent died intestate (without a will) and owned assets above the small estate threshold
• The estate value exceeds the summary distribution threshold (approximately $47,000 in 2025)

Probate is NOT required when:

• All assets pass through a revocable living trust
• Assets are held in joint tenancy with right of survivorship
• Accounts have designated beneficiaries (life insurance, retirement accounts, POD/TOD designations)
• The estate qualifies for summary distribution under the Small Estates Act
• Real property is held as tenants by the entirety with a surviving spouse

Alabama intestate succession (when there is no will) distributes assets as follows:

• Surviving spouse, no children or parents: Spouse inherits 100% of the estate
• Surviving spouse with children (all children are also the spouse's): Spouse receives the first $50,000 plus 50% of the remaining balance; children split the other 50%
• Surviving spouse with children (one or more children are not the spouse's): Spouse receives 50% of the estate; children split the other 50%
• Surviving spouse, no children, but surviving parents: Spouse receives the first $100,000 plus 50% of the balance; parents inherit the remainder
• Children only, no surviving spouse: Children inherit the entire estate in equal shares

In addition to their intestate share, the surviving spouse is entitled to a $15,000 homestead allowance, an exempt property allowance, and a family allowance — these amounts are protected from creditor claims and are received on top of the inheritance share.

Small Estate Options

Alabama provides two simplified procedures for small estates: the Small Estate Affidavit and Summary Distribution. The Revised Alabama Small Estates Act, effective October 1, 2025, significantly expanded eligibility for these streamlined processes.

Summary Distribution (Revised Small Estates Act)

The primary small estate procedure in Alabama is Summary Distribution, which allows qualifying estates to bypass the full probate process entirely.

Eligibility Requirements (effective October 1, 2025):

• The decedent must have been an Alabama resident
• The total estate value must be equal to or less than the combined homestead allowance, exempt property allowance, and family allowance — approximately $47,000 in 2025 (increased from $36,030 in 2024)
• There must not be a surviving minor child who is not also the child of the surviving spouse
• The decedent must not have owned real property requiring probate to transfer
• The applicant must be a rightful heir or surviving spouse
• No petition for appointment of a personal representative can be pending or previously granted

How Summary Distribution Works:

1. File a verified Petition for Summary Distribution in the Probate Court of the county where the decedent lived
2. The Probate Court publishes a notice of the petition in a local newspaper
3. A mandatory 30-day waiting period begins after publication
4. The Alabama Medicaid Agency must also be notified and given 30 days to respond
5. Once both 30-day periods have passed and all conditions are confirmed, the Probate Judge approves the distribution
6. Assets (bank accounts, vehicles, personal property) are distributed directly to heirs or beneficiaries according to the court's order

Small Estate Affidavit

For estates with even simpler circumstances, Alabama also provides a Small Estate Affidavit process. This can be used to collect specific assets (like bank accounts or wages owed) by presenting an affidavit to the institution holding the assets.

Key advantages of the small estate process:

• Faster resolution — often completed in weeks rather than months
• Lower costs — reduced court fees and often no need for an attorney
• No personal representative appointment — assets are distributed directly without ongoing court oversight
• Simpler paperwork — a single petition rather than multiple filings over many months

Step-by-Step Process

Step 1: Obtain the Death Certificate and Locate the Will

Obtain multiple certified copies of the death certificate (you will need several for banks, insurers, and the court). Locate the original will if one exists. Gather information about the decedent's assets, debts, and potential beneficiaries.

Step 2: Determine the Appropriate Probate Procedure

Before filing, assess whether the estate qualifies for summary distribution (approximately $47,000 or less, no real property requiring probate) or needs full probate. This decision significantly affects the timeline, cost, and complexity of the process.

Step 3: File the Petition with the Probate Court

File in the Probate Court of the county where the decedent lived. Required documents include:

• Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if intestate)
• The original will (if one exists)
• A certified death certificate
• Filing fee (approximately $58 for basic filing)

If the will is over 5 pages, an additional $3 per page is charged for pages beyond the first 5.

Step 4: Will Validation and Appointment

The court reviews the petition and validates the will (if applicable). If the will is self-proving (executed with the proper affidavit), no witness testimony is required. If not self-proving, witnesses may need to testify. The court then issues:

• Letters Testamentary (for executors named in a will), or
• Letters of Administration (for court-appointed administrators)

Step 5: Post Bond (If Required)

The Personal Representative may need to post a surety bond before receiving letters. The bond can be waived if:

• The will specifically waives the bond requirement
• The court determines a bond is unnecessary

However, the judge may override a waiver in the will, especially when minor children have an interest in the estate.

Step 6: Publish Notice to Creditors

Publish a Notice to Creditors once a week for three consecutive weeks in a local newspaper in the county where letters were granted. Additionally, send direct written notice (by first-class mail) to all known creditors as soon as their identities are known.

Step 7: File the Inventory

Within 45 days of receiving letters, the Personal Representative must file an Inventory with the court. The inventory must include:

• A detailed listing of all property owned by the decedent at the time of death
• The fair market value of each asset as of the date of death
• The amount of any debts or liens associated with each asset

The will may waive the inventory requirement, and courts generally honor such waivers unless the court determines an inventory is needed to protect assets.

Step 8: Manage Estate Assets and Pay Debts

• Open an estate bank account for all estate transactions
• Collect debts owed to the estate
• Pay valid creditor claims in order of priority (funeral expenses, administration costs, taxes, then general creditors)
• File the decedent's final income tax returns (federal and state)
• Determine if a federal estate tax return (Form 706) is required

Step 9: File Accounting and Petition for Final Settlement

Prepare a detailed accounting of all estate transactions and file a Petition for Final Settlement with the court. This document shows:

• All assets collected
• All debts, expenses, and taxes paid
• Proposed distribution to beneficiaries
• Personal Representative's fee (if claimed)

Notice of the final settlement must be given to all interested parties.

Step 10: Distribute Assets and Close the Estate

Once the court approves the final settlement, distribute assets to beneficiaries according to the will or Alabama intestate succession laws. Obtain receipts from all beneficiaries. File proof of distribution with the court to formally close the estate.

Timeline & Costs

Typical Timeline:

• Petition filing to appointment: 1 to 4 weeks
• Inventory filing deadline: 45 days after issuance of letters
• Creditor claim period: 6 months from the date letters are granted
• Total process (simple estate): 6 to 12 months
• Total process (complex estate): 12 to 24 months or longer
• Summary distribution (small estates): 6 to 12 weeks

The 6-month creditor claim period is the primary bottleneck for most estates. The estate generally cannot be closed until this period has expired.

Court Filing Fees:

• Basic petition filing: Approximately $58 (with will up to 5 pages)
• Additional page fee: $3 per page over 5 pages for the will
• Other court fees: Vary by county — additional charges for certified copies, recordings, and filings
• Summary distribution filing: Reduced fees compared to full probate

Fees can vary between Alabama's 67 counties, so check with your specific county Probate Court.

Personal Representative (Executor) Compensation:

• Alabama law caps Personal Representative fees at 2.5% of the estate's value plus 2.5% of disbursements
• The court may approve higher compensation for extraordinary services
• Compensation must be included in the final accounting filed with the court

Attorney Fees:

• Alabama does not set attorney fees by statute — fees are negotiated between the attorney and client
• Simple estates: $2,000 to $5,000
• Moderate estates: $5,000 to $10,000
• Complex estates (disputes, tax planning, business interests): $10,000 to $25,000+
• Attorney fees are typically paid from estate assets

Bond Costs:

• Bond premiums are typically 0.5% to 1% of the bond amount per year
• Bond amount is usually set at the estimated value of the personal property in the estate

Other Potential Costs:

• Certified death certificates: approximately $15 each
• Real property appraisals: $300 to $500 per property
• Newspaper publication (Notice to Creditors): $75 to $250
• Tax preparation (final returns and estate returns): $500 to $2,000+
• Recording fees for property transfers: vary by county

Required Forms

Alabama probate forms are available through the Alabama Administrative Office of Courts E-Forms website and from individual county Probate Courts. Key forms and documents include:

Petition and Appointment:

• Petition for Probate of Will — Filed to admit the will and request appointment as executor
• Petition for Letters Testamentary — Formal request for authority to act as executor under a will
• Petition for Letters of Administration — Filed when there is no will; requests court appointment as administrator
• Letters Testamentary — Issued by the court granting executor authority
• Letters of Administration — Issued by the court granting administrator authority
• Surety Bond — Required unless waived by the will or court

Notice and Claims:

• Notice to Creditors — Published in a local newspaper for 3 consecutive weeks
• Proof of Publication — Filed with the court after notice has been published
• Notice to Known Creditors — Sent by first-class mail to identified creditors
• Creditor Claim Form — Used by creditors to submit claims against the estate

Inventory and Accounting:

• Inventory of Estate — Detailed listing of all assets and their values (due within 45 days)
• Annual Accounting — Required for estates open longer than one year
• Final Accounting — Comprehensive record of all estate transactions

Settlement and Distribution:

• Petition for Final Settlement — Requests court approval of the accounting and proposed distribution
• Notice of Final Settlement — Served on all interested parties
• Receipts of Distribution — Signed by beneficiaries confirming receipt of their share
• Order of Final Settlement — Court order approving the final settlement and closing the estate

Small Estate Forms:

• Petition for Summary Distribution — Used for estates qualifying under the Small Estates Act
• Small Estate Affidavit — Used to collect specific assets without full probate
• Order of Summary Distribution — Court order directing distribution of small estate assets

All forms must be filed in the Probate Court of the county where the decedent was domiciled at the time of death.

Executor Duties

In Alabama, the Personal Representative (executor or administrator) has a fiduciary duty to manage the estate responsibly and in the best interest of all beneficiaries. The role carries significant legal obligations and personal liability.

Immediate Responsibilities (First 45 Days):

• File the will with the Probate Court promptly after death (Alabama requires filing within 5 years, but immediate filing is best practice)
• Petition for appointment as Personal Representative
• Secure estate property — protect the home, vehicles, valuable personal property, and ensure insurance coverage
• Obtain an EIN from the IRS for the estate
• Notify known creditors by first-class mail as soon as their identities are determined
• Publish Notice to Creditors in a local newspaper for 3 consecutive weeks
• File the Inventory within 45 days of receiving letters — listing all estate assets and their fair market values

Asset Management:

• Collect all estate assets — including bank accounts, investment accounts, real property, personal property, and debts owed to the decedent
• Open an estate bank account and deposit all estate funds
• Manage and preserve assets prudently during the administration period
• Obtain professional appraisals for real property, business interests, and other assets that require expert valuation
• Maintain detailed records of all transactions, income, and expenses

Debt and Tax Obligations:

• Review creditor claims and determine their validity
• Pay debts in order of priority as established by Alabama law:

1. Funeral and burial expenses
2. Administration costs and Personal Representative fees
3. Federal and state taxes
4. Medical expenses of the last illness
5. All other valid claims

• File the decedent's final income tax returns (federal and Alabama state)
• File estate income tax returns (Form 1041) if the estate earns income during administration
• Determine federal estate tax obligations (Form 706 required for estates exceeding the federal exemption)

Distribution and Closing:

• Prepare a final accounting showing all receipts, disbursements, and proposed distributions
• File a Petition for Final Settlement with the court
• Notify all interested parties of the proposed settlement
• Distribute remaining assets according to the will or Alabama's intestate succession laws
• Obtain signed receipts from all beneficiaries
• File proof of distribution and petition for discharge

Personal Representative Liability:

The Personal Representative can be held personally liable for:

• Failing to file the inventory within 45 days (unless waived)
• Distributing assets before the 6-month creditor claim period expires
• Paying debts out of the proper priority order
• Mismanaging, wasting, or commingling estate assets
• Failing to file required tax returns
• Self-dealing or favoring one beneficiary over another
• Failing to keep accurate records

Unique State Rules

Alabama has several distinctive probate rules and provisions that set it apart from other states:

5-Year Filing Deadline

Alabama imposes a 5-year statute of limitations for filing a will for probate. If the will is not filed within 5 years of the decedent's death, it may no longer be admitted to probate. This is a strict deadline that can have devastating consequences if missed — the estate would then be treated as intestate.

Homestead Allowance

Alabama provides a generous $15,000 homestead allowance to the surviving spouse, which is:

• Exempt from all creditor claims against the estate
• Received in addition to any share the spouse receives under the will or intestate succession
• Available even if the will does not mention the spouse
• If there is no surviving spouse, the allowance is divided equally among the decedent's minor and dependent children ($15,000 divided by the number of qualifying children)

Exempt Property and Family Allowance

Beyond the homestead allowance, Alabama also provides:

• An exempt property allowance for household furniture, automobiles, and personal effects
• A family allowance for living expenses during the administration period
• These allowances have priority over all creditor claims and are available to the surviving spouse and dependent children

Revised Small Estates Act (2025)

Effective October 1, 2025, Alabama significantly expanded its small estate provisions:

• The threshold increased from approximately $36,030 (2024) to approximately $47,000 (2025)
• The threshold is now tied to the combined homestead, exempt property, and family allowances, meaning it adjusts automatically as these values change
• The Probate Court is authorized to manage the summary distribution process more directly

No Independent Administration

Unlike some states, Alabama does not offer a true independent administration procedure. All estates require some level of court oversight, and the Personal Representative must obtain court approval for the final settlement. This means Alabama probate tends to involve more court interaction than states that offer independent administration.

Personal Representative Compensation Cap

Alabama law caps executor compensation at 2.5% of the estate value plus 2.5% of disbursements. This is lower than many other states. The court can approve higher compensation for extraordinary service, but the Personal Representative must petition for it.

Will Contest Provisions

Alabama allows will contests to be filed within 6 months of the will being admitted to probate. Grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, and improper execution. The burden of proof is on the person contesting the will.

No State Estate or Inheritance Tax

Alabama does not impose any state-level estate tax or inheritance tax. Only the federal estate tax applies, and only to estates exceeding the federal exemption threshold. This means most Alabama estates pass to beneficiaries completely free of estate and inheritance taxes.

Medicaid Estate Recovery

Alabama participates in Medicaid estate recovery, meaning the state may file a claim against the estate to recover Medicaid benefits paid on behalf of the decedent. The Revised Small Estates Act specifically requires notification to the Alabama Medicaid Agency, with a 30-day response period, before summary distribution can be approved.

How SwiftProbate Helps

Navigating Alabama's probate process involves strict deadlines, multiple court filings, and careful attention to creditor claims and tax obligations. SwiftProbate simplifies this by providing a personalized, AI-generated action plan specific to your Alabama estate.

Here is how SwiftProbate helps with Alabama probate:

• Customized task checklist: Answer a few questions about the estate and receive a detailed, step-by-step plan tailored to Alabama law — including whether you qualify for summary distribution or need full probate
• Deadline tracking: Never miss the 45-day inventory deadline, 6-month creditor claim period, or 5-year will filing deadline
• Small estate evaluation: SwiftProbate analyzes your estate to determine if you qualify for the streamlined summary distribution process under the Revised Small Estates Act, potentially saving months and thousands of dollars
• Asset-specific guidance: Get tailored instructions for handling different types of Alabama property — homestead property, vehicles, bank accounts, real estate, and more
• Homestead and allowance guidance: Understand how Alabama's homestead allowance, exempt property allowance, and family allowance apply to your specific situation
• Document management: Organize all estate documents — from the death certificate and will to the inventory, accounting, and final settlement — in one secure location
• Progress tracking: See exactly where you stand in the probate process and what steps remain

Get started for free — SwiftProbate generates your initial estate administration plan at no cost, giving you clarity on the full scope of what lies ahead.