1 Overview — what makes Alabama probate different
Alabama probate is governed by Title 43 of the Code of Alabama (justia.com Title 43 mirror), administered through 67 county Probate Courts each presided over by an elected probate judge. Five features set Alabama apart from most other states in this guide series.
First: The five-year will filing deadline. Alabama imposes one of the strictest will-filing deadlines in the country. A will is not effective unless it is filed for probate within five years from the date of the testator's death. If a will is discovered and filed after the five-year mark, the Probate Court cannot admit it to probate. The estate is then distributed under Alabama's intestate succession laws — meaning the testator's carefully planned dispositions are completely disregarded. This most often affects families who didn't know probate was needed, or who delayed because the estate seemed manageable, or where a will was physically lost and only discovered years later.
Second: Dual small estate procedures that operate differently. Alabama has two simplified procedures — a $25,000 true affidavit with no court filing (§ 43-2-692) and a $47,000 Summary Distribution that requires a court petition (§ 43-2-690 et seq., Revised Alabama Small Estates Act, effective October 1, 2025). These are frequently confused, even in published resources. Understanding which applies — and that neither covers real property — is critical.
Third: Real property devolves at death by operation of law. Under Ala. Code § 43-2-830, a decedent's real property vests directly in the devisees named in the will (or in heirs if no will) at the moment of death — it does not pass to the personal representative for distribution the way personal property does. Personal property goes to the personal representative to administer; real property goes directly to those who inherit it. However, this doesn't mean real estate avoids probate altogether — probate is typically still needed to confirm title, pay debts secured by real property, and clear the record.
Fourth: No state estate tax, no inheritance tax. Alabama's estate tax (formerly a "pick-up" tax tied to the federal state death tax credit) was effectively repealed when that federal credit was phased out. Effective January 1, 2005, Alabama imposes no state estate tax. There is no Alabama inheritance tax. Only the federal estate tax (above $15 million in 2026) may apply.
Fifth: Holographic wills are valid. Alabama recognizes holographic wills under Ala. Code § 43-8-132 — entirely handwritten and signed by the testator, with no witnesses required. Valid but frequently challenged and harder to admit to probate than a properly witnessed will.
Alabama probate at a glance
| Topic | Alabama rule | Authority |
|---|---|---|
| Governing law | Code of Alabama, Title 43 (Wills and Decedents' Estates), Title 43 on Justia | Ala. Code § 43-8-1 et seq. |
| Probate courts | 67 county Probate Courts, each with an elected probate judge; exclusive jurisdiction over estate administration and will validation | Ala. Code § 43-8-1(3) |
| Will filing deadline | 5 YEARS from date of death — will not filed within 5 years cannot be admitted to probate; estate treated as intestate | Ala. Code § 43-8-165 |
| Small estate affidavit | Personal property ≤ $25,000; 30-day wait; no court; affiant presents affidavit directly to institutions; real estate excluded | Ala. Code § 43-2-692 |
| Summary Distribution | Personal property ≤ ~$47,000 (CPI-adjusted combined allowances; rechecked July 1, 2026); court petition; Medicaid Agency notice; 30-day wait after publication; real estate excluded | Ala. Code §§ 43-2-690 et seq. (Revised Alabama Small Estates Act, eff. Oct. 1, 2025) |
| Real property devolution | Vests in devisees/heirs at moment of death by operation of law; does not pass through personal representative; Ala. Code § 43-2-830 | Ala. Code § 43-2-830 |
| Holographic wills | Valid — entirely in testator's handwriting, signed; no witnesses required. Harder to admit to probate; often challenged. | Ala. Code § 43-8-132 |
| Will witnesses | Standard will: testator's signature + two adult witnesses who sign in the testator's conscious presence; self-proving affidavit (notarized) speeds probate | Ala. Code § 43-8-131 |
| Creditor period | 6 months from first publication of Notice to Creditors; notice published once per week for three successive weeks | Ala. Code § 43-2-350 et seq. |
| Inventory deadline | Within 2 months of appointment; filed with the Probate Court | Ala. Code § 43-2-310 |
| PR compensation cap | Not to exceed 2.5% of property received + 2.5% of disbursements; court may allow additional for extraordinary services | Ala. Code § 43-2-848 |
| Medicaid notice | PR must notify Alabama Medicaid Agency by certified mail immediately upon appointment; 30-day hold before distributions | Ala. Code § 43-2-697 |
| Elective share | Surviving spouse may elect to take 1/3 of augmented estate instead of will provision, if less favorable | Ala. Code § 43-8-70 et seq. |
| Homestead allowance | $15,000 to surviving spouse (or minor/dependent children if no surviving spouse); priority over creditors | Ala. Code § 43-8-110 |
| Bond requirement | Generally required unless waived by the will or consented to by all heirs/beneficiaries; court may require bond even when waived | Ala. Code § 43-2-851 |
| AL estate tax | None — repealed effective January 1, 2005 | Ala. Code Title 40, Ch. 15 (repealed) |
| AL inheritance tax | None | — |
2 The 5-year will filing deadline — Alabama's most dangerous trap
Alabama's five-year deadline for filing a will for probate is one of the strictest in the United States — and one of the most consequential. Under Ala. Code § 43-8-165, a will that is not offered for probate within five years of the testator's death is barred from being admitted to probate. The estate is then administered as if the person died without a will — intestate — regardless of how carefully the will was drafted or what it says.
| Will type | Valid in Alabama? | Requirements |
|---|---|---|
| Attested (witnessed) will | Yes — standard form | Testator's signature + two adult witnesses signing in the testator's conscious presence. Self-proving affidavit (notarized, signed by testator and witnesses at same time as the will) eliminates need for witnesses to appear at probate. Ala. Code § 43-8-131. |
| Holographic will | Yes — valid but challenging | Entirely handwritten by the testator; signed by the testator; no witnesses required. Valid under Ala. Code § 43-8-132. More difficult to admit to probate — requires proof of handwriting; frequently contested. A properly witnessed will is always preferable. |
| Must be filed for probate within: | 5 YEARS of death | Wills not offered for probate within five years of the testator's death cannot be admitted. Estate distributed as intestate. Ala. Code § 43-8-165. |
3 Alabama's two small estate procedures — completely different paths
Alabama has two genuinely distinct small estate procedures that are frequently confused with each other. Understanding which one applies to a specific estate — and their key differences — is essential.
| Feature | Small Estate Affidavit (§ 43-2-692) | Summary Distribution (§§ 43-2-690 et seq.) |
|---|---|---|
| Value threshold | $25,000 (personal property only) | ~$47,000 in 2026 (CPI-adjusted; equals combined homestead + exempt property + family allowance; rechecked July 1, 2026). Confirm with county Probate Court. |
| Court involvement | None — presented directly to institution holding assets. True out-of-court affidavit. | Court proceeding required — verified petition filed with Probate Court |
| Who can file | Any claiming successor (heir or devisee) | Surviving spouse must file first if one survives; otherwise any distributee |
| Real property | Excluded — real estate cannot be transferred by this affidavit | Excluded — no real property may be in the estate for this procedure |
| Waiting period | 30 days after death | 30 days after publication of notice in county newspaper; also 30 days after Alabama Medicaid Agency receives notice |
| Medicaid Agency notice | Not required for § 43-2-692 affidavit | Required — must notify Alabama Medicaid Agency by certified mail; agency has 30 days to respond |
| Minor children exclusion | Affidavit available even if minor children survive | Not available if there is a surviving minor child who is not also the child of the surviving spouse |
| Effective date | Long-standing procedure | Revised Alabama Small Estates Act, effective October 1, 2025 |
| Source | Ala. Code § 43-2-692 (Justia) | Ala. Code §§ 43-2-690 et seq. (Justia) |
4 Alabama intestate succession — who inherits without a will
Alabama's intestate succession rules under Ala. Code § 43-8-41 are more nuanced than most states — particularly in how the surviving spouse's share is calculated depending on whether children are also the spouse's children, and whether parents survive. The tiered $50,000/$100,000 thresholds create real complexity in blended families.
Alabama Intestate Succession Calculator
Ala. Code § 43-8-41 · Enter estate value and family situation to see the distribution
Select the family situation:
| Family situation | Spouse's share | Children's share | Statutory basis |
|---|---|---|---|
| Spouse + all children are also the spouse's | First $50,000 + ½ of remainder | Other ½ of remainder, divided equally | Ala. Code § 43-8-41(1) |
| Spouse + children who are NOT all the spouse's | ½ of entire estate | Other ½, divided equally among all children | Ala. Code § 43-8-41(2) |
| Spouse + parents (no children) | First $100,000 + ½ of remainder | —; parents receive remaining ½ of remainder | Ala. Code § 43-8-41(3) |
| Spouse only (no children, no parents) | Entire estate | — | Ala. Code § 43-8-41(4) |
| No surviving spouse; children survive | — | Entire estate, equally divided | Ala. Code § 43-8-42 |
| No spouse, no children; parents survive | — | —; parents receive the estate (parents take equally) | Ala. Code § 43-8-43 |
5 Alabama formal probate — step by step
- 1
File will (within 5 years); choose path 5-year deadline — critical
File the original will with the county Probate Court within 5 years of death (Ala. Code § 43-8-165). Willful suppression of a will is a crime. Determine which path applies: Small Estate Affidavit (≤$25K personal property, no real estate, no court); Summary Distribution (≤~$47K personal property, no real estate, court petition, Medicaid notice); or full administration. Use the alacourt.gov probate courts directory to locate the correct county court. File in the county where the decedent was an inhabitant at death (Ala. Code § 43-8-162).
Original will (file within 5 years)Certified death certificates × 6 - 2
File petition; court appoints personal representative PR appointed by Probate Court
File a Petition for Letters Testamentary (testate) or Petition for Letters of Administration (intestate) with the county Probate Court. The court schedules a hearing; at least 10 days' notice to the spouse and heirs before the hearing is required. The court appoints the personal representative and issues Letters Testamentary or Letters of Administration. The PR may need to post a surety bond unless waived by the will and consented to by all interested parties (the probate judge may require bond even when waived). Order 6–8 certified copies of Letters.
Petition for Letters Testamentary / AdministrationSurety bond (unless waived)Letters Testamentary / Letters of Administration - 3
Notify Alabama Medicaid Agency by certified mail 30-day hold before distributions
Immediately upon appointment, the PR must mail notice to the Alabama Medicaid Agency by certified mail return receipt requested (Ala. Code § 43-2-697). Mail to: Estate Notice Office, P.O. Box 5624, Montgomery, AL 36103-5624. File the return receipt card and an affidavit of certified mailing with the Probate Court. The agency has 30 days to respond. No distributions may be made and no debts paid (other than funeral expenses and court costs) until proof of notice is filed and 30 days have passed since the agency received it. An electronic notice system may also be available; check with the Medicaid Agency. Distributing before the 30-day hold expires creates personal liability for the PR.
Medicaid Agency notice (certified mail)Affidavit of certified mailing (filed with Probate Court)Return receipt card (file with court when received) - 4
Publish Notice to Creditors; 6-month creditor period begins 3 consecutive weeks
Publish Notice to Creditors in a newspaper of general circulation in the county once per week for three successive weeks (Ala. Code § 43-2-350 et seq.). The 6-month creditor period runs from the date of first publication. Mail direct notice to all known creditors. Alabama's 6-month period from first publication (not from appointment) sets the minimum timeline for estate closure. Creditors who do not file within 6 months are generally barred.
Notice to Creditors (3 consecutive weeks)Direct notice to all known creditors - 5
File inventory within 2 months Fast 2-month deadline
Within 2 months of appointment, file a complete inventory with the Probate Court listing all estate assets with their date-of-death fair market values. This includes personal property managed by the PR — real property vests in heirs/devisees at death and may not be included in the same way, but real estate subject to administration for debt payment is listed. Get professional appraisals for real estate and other significant assets. The inventory is a public document and establishes the estate value for PR compensation calculations (the 2.5%/2.5% cap is based on property received and disbursed).
Inventory (filed within 2 months of appointment)Professional appraisals for real estate / business interests - 6
Administer estate — pay debts, taxes, distribute assets
After the 6-month creditor period, pay valid claims in statutory priority order: (1) costs of administration, (2) reasonable funeral expenses, (3) debts given preference by federal law, (4) state and local taxes, (5) medical expenses of last illness, (6) all other claims. File the decedent's final Alabama income tax return (Form 40) and federal return. No Alabama estate tax return required. Distribute remaining personal property to beneficiaries per the will or intestacy. For real property: remind devisees/heirs that title vested in them at death — they may need a deed confirmation or court order to clear title for future sales.
- 7
File final accounting; petition for final settlement Closes the estate
File a Petition for Final Settlement with the Probate Court showing all estate transactions. Notice of the final settlement must be given to all interested parties. The court approves the final settlement at a hearing. After court approval, distribute remaining assets to beneficiaries, obtain receipts, and file proof of distribution with the court. The court formally closes the estate. Alabama has no fixed maximum timeline for estate closure, though courts expect reasonable progress and the 6-month creditor period sets the minimum floor.
Final AccountingPetition for Final SettlementReceipts from all beneficiariesProof of distribution filed with court
6 Real property in Alabama — vests at death, but title still needs clearing
One of Alabama's most distinctive features is the treatment of real property under Ala. Code § 43-2-830. At the moment of death, the decedent's real property automatically devolves to: (a) the devisees named in the will, if testate; or (b) the heirs at law, if intestate. This means real estate technically passes outside of the personal representative's management — the PR handles personal property; real property goes directly to the devisees/heirs.
7 Timeline & costs
| Scenario | Timeline | Key driver |
|---|---|---|
| Small estate affidavit (≤$25K, no real estate) | 30+ days | 30-day wait; present affidavit to institution; no court |
| Summary Distribution (≤~$47K, no real estate) | 2–4 months | Medicaid notice 30-day hold + newspaper publication + 30-day wait |
| Full administration — simple, cooperative | 9–15 months | 6-month creditor period + 2-month inventory + final settlement |
| Estate with real estate requiring probate | 10–18 months | Real property title clearing, deeds, additional proceedings |
| Jefferson (Birmingham) / Mobile counties | 10–16 months | Higher volume courts; scheduling |
| Contested will or PR dispute | 12–36+ months | Court hearings; potential appeal to Circuit Court |
| Cost item | Typical amount | Notes |
|---|---|---|
| Court filing fee | $50–$100+ | Varies by county; recording fees additional. Jefferson County and Mobile County publish fee schedules. |
| Publication costs | ~$100–$200 | Three consecutive weeks in county newspaper; varies by publication |
| AL estate / inheritance tax | $0 | No Alabama estate tax or inheritance tax of any kind |
| PR compensation | Up to 2.5% of receipts + 2.5% of disbursements | Statutory cap (Ala. Code § 43-2-848); court may approve additional for extraordinary services; subject to court approval |
| Attorney fees (standard estate) | $2,500–$6,000 | Alabama State Bar recommends consulting an attorney; no percentage schedule for attorneys |
| Attorney fees (contested / complex) | $5,000–$20,000+ | Will contests, disputed heirs, multiple-county real property, ancillary proceedings |
| Bond (surety) | Annual premium varies | Required unless waived; premium based on estate value; court may waive on motion if all parties consent |
8 Key Alabama probate forms & resources
Alabama Probate Court forms vary by county — each county's Probate Court may have its own preferred form versions. The Alabama Courts' probate court directory (alacourt.gov) lists all 67 county Probate Courts. The Alabama Legislature's online code (ALISON) provides access to the Code of Alabama. The Alabama State Bar's lawyer referral service at alabar.org connects the public with qualified probate attorneys. The Mobile County Probate Court and Jefferson County Probate Court post local guidance online.
Filed with the county Probate Court in the county where the decedent was an inhabitant at death. Attach the original will. The court schedules a hearing (at least 10 days' notice to spouse and heirs). The court admits the will to probate (if self-proving, no witness testimony needed) and appoints the personal representative, issuing Letters Testamentary. Order 6–8 certified copies. Contact your county Probate Court for county-specific form requirements — alacourt.gov probate courts directory.
Filed when the decedent died without a valid will or when no executor named in the will can serve. Priority for appointment: surviving spouse, then next of kin, then largest in-state creditor, then any other fit person the judge appoints (Ala. Code § 43-2-42). Court issues Letters of Administration authorizing the PR to act on behalf of the estate. Surety bond generally required unless waived. County-specific forms required — contact your county Probate Court.
Filed within 2 months of the PR's appointment with the Probate Court. Lists all estate assets (primarily personal property managed by the PR) with date-of-death fair market values. Real property vests in devisees/heirs at death by operation of law but may still be listed if it is subject to administration for creditor payment. Professional appraisals required for real estate, business interests, and other assets of uncertain value. The inventory value determines the PR's compensation calculation (2.5%/2.5% cap). Ala. Code § 43-2-310.
True out-of-court affidavit for personal property estates of $25,000 or less. Wait at least 30 days after death. The claiming successor signs the affidavit (under penalty of perjury) and presents it directly to the bank, vehicle title agency, or other institution holding assets. Real property is excluded. No court filing required. Medicaid Agency notice NOT required for this specific affidavit (unlike Summary Distribution). Affiant assumes personal liability for decedent's debts. Ala. Code § 43-2-692.
Court petition filed by surviving spouse (or distributees if no spouse) for personal property estates up to ~$47,000 (CPI-adjusted — confirm with court). Real property excluded. Publish notice in county newspaper; simultaneously mail notice to Alabama Medicaid Agency (Estate Notice Office, P.O. Box 5624, Montgomery, AL 36103-5624) by certified mail return receipt requested. Court cannot enter the Summary Distribution order until 30 days after publication and 30 days after Medicaid Agency receives notice. Mobile County guide on the Revised Act. Ala. Code §§ 43-2-690 et seq.
Published in a newspaper of general circulation in the county once per week for three successive weeks after the PR's appointment. The 6-month creditor period runs from the date of first publication. Also mail direct notice to all known creditors. Alabama's creditor period runs from publication (not from appointment, unlike Connecticut's 150-day period from appointment). Claims filed after six months are generally barred. The PR must pay valid claims in statutory priority order before distributing assets. Ala. Code § 43-2-350 et seq.
9 All 67 Alabama county Probate Courts
Alabama has 67 counties, each with its own Probate Court and elected probate judge. File in the county where the decedent was an inhabitant (resident) at death. The Alabama Courts probate court directory at alacourt.gov lists all 67 courts with contact information, addresses, and hours. Jefferson County (Birmingham) and Mobile County handle the highest volumes. Montgomery County is the state capital. Many rural counties have smaller courts with limited hours — call ahead before visiting or filing.
Showing all 67 Alabama counties