Alabama Statewide Probate Guide

Losing a loved one is hard enough without also having to untangle a court process at the same time. This guide walks you through how probate works across Alabama – the rules, deadlines, and costs that apply no matter which county you’re in. For court addresses, phone numbers, and local filing quirks, see your specific county’s page.

Where Probate Happens

Alabama probate is filed in the Probate Court of the county where the deceased person lived at the time of death (their “domicile”). Each of Alabama’s 67 counties has its own elected Probate Judge who oversees administration – some counties also have appointed referees or registrars who help with routine matters.

Step 1: Do You Even Need Formal Probate?

Before opening a full estate, check whether the estate qualifies for one of Alabama’s simplified small-estate options. Alabama significantly expanded these options under the Revised Alabama Small Estates Act, effective October 1, 2025.

Option A – Small Estate Affidavit (personal property only)

For personal property (bank accounts, wages owed, vehicles, personal belongings) – real estate cannot be transferred this way.
At least 30 days must have passed since the death.
No one may have already opened full probate for the estate.
Filed with the Probate Court, then presented directly to banks/institutions holding the assets.
Threshold is tied to the combined homestead allowance, exempt property allowance, and family allowance – approximately $47,000 as of 2025-2026 (up from $36,030 in 2024), and it adjusts periodically. Older sources may still cite the pre-reform $25,000 or $34,611 figures – always confirm the current figure with the county Probate Court, since it’s indexed and moves.

Option B – Summary Distribution (broader small estate track)

Available under the Revised Alabama Small Estates Act (effective 10/1/2025).
Estate value must be at or under the same combined-allowance threshold (~$47,000).
No surviving minor child who isn’t also a child of the surviving spouse.
Decedent must not have owned real property that requires probate to transfer.
Applicant must be a rightful heir or surviving spouse.
Process: file a verified Petition for Summary Distribution with the county Probate Court; there’s a waiting period (historically 30 days, confirm current requirement) before the judge approves distribution.

STEP 2: FORMAL PROBATE (if the estate doesn’t qualify for a small-estate option)

File a Petition for Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t) with the Probate Court in the decedent’s county.
Include the original will and self-proving affidavit, if one exists.
The court appoints the executor or administrator.
Mail notice of the hearing to all heirs and beneficiaries at least 10 days before the hearing (unless waived).
Publish notice to creditors in a local newspaper of general circulation – this starts the 6-month creditor claim period, which is the main driver of how long probate takes.
Inventory the estate’s assets.
Pay valid debts and expenses.
File a final settlement/accounting with the court before the estate can close. Alabama requires this formal accounting step even for straightforward estates – it doesn’t have fully “independent administration” like some states.

Wills In Alabama

A valid will requires the testator’s signature plus two adult witnesses signing in the testator’s conscious presence (Ala. Code § 43-8-131).
Notarization isn’t required, but a self-proving affidavit (signed before a notary at signing) speeds up probate by avoiding the need to track down witnesses later.
Alabama recognizes holographic wills – entirely handwritten and signed by the testator, no witnesses required.

Timeline

Most uncontested Alabama estates take 9-15 months. The 6-month creditor claim period (from first publication of notice) sets the floor for formal probate – you can’t close the estate before it runs. Small estate options can be much faster, sometimes just 30-60 days after death.

Costs

Filing fees vary by county – commonly in the $100-$300+ range for the initial petition; check with your county’s Probate Court for the exact current fee.
Executor/administrator compensation: no fixed statutory percentage – Alabama uses a “reasonable compensation” standard, with courts typically allowing around 2-3% of estate value as a baseline.
Attorney representation is not strictly required by law, but Alabama probate courts generally recommend it given the complexity of the accounting and notice requirements.

Taxes

Alabama has no state estate tax or inheritance tax (the state tax was phased out along with the federal state death tax credit). Only the federal estate tax could apply, and only to very large estates – well above what most families will ever encounter.

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Probate Court address, phone number, filing quirks, and local genealogy/historical-society resources, visit that county’s page.