The Alabama probate process is the court-supervised path for validating a will, appointing someone to manage a deceased person’s estate, paying debts, and distributing what remains to heirs or beneficiaries. It runs through the probate court in the county where the person lived at death, and it follows a set sequence laid out in Title 43 of the Alabama Code. Not every estate has to go through the full process, and Alabama builds in protections for surviving spouses and minor children that sit ahead of most creditor claims.
What Actually Goes Through Probate
Before opening a case, it’s worth checking how much of the estate would even pass through the court. A significant portion of most estates transfers directly to named beneficiaries or surviving co-owners without any court involvement. Where a beneficiary designation conflicts with the will, the designation controls. Financial institutions follow their own records.
Assets that typically skip probate include:
- Life insurance proceeds paid to a named beneficiary.
- Retirement accounts such as 401(k)s, IRAs, and pensions with a designated beneficiary.
- Payable-on-death bank accounts and transfer-on-death brokerage accounts.
- Real estate or bank accounts held as joint tenants with right of survivorship.
- Property held in a revocable or irrevocable living trust, which the successor trustee distributes under the trust’s terms.
Alabama also offers a summary distribution procedure for smaller estates. The estate must consist only of personal property, the decedent must have been an Alabama resident, and no petition for a regular personal representative can be pending. The surviving spouse (or the heirs, if there is no spouse) petitions the probate court, and at least 45 days must pass after filing before any distribution occurs. The dollar threshold is adjusted periodically, so check the current limit with the county probate court before committing to a full administration.
Where To File and Which Court Handles It
Alabama has 68 probate courts across its 67 counties, each presided over by a probate judge.1Alabama Legislature. Alabama Code 43-8-213 – Jurisdiction of Probate Court The correct court is the one in the county where the decedent lived at the time of death. These courts have broad authority over estate administration, will validation, and appointment of personal representatives.
Any interested party can request that a will contest or administration dispute be moved to circuit court.2Alabama Legislature. Alabama Code 43-8-216 – Removal to Circuit Court; Remand to Probate Court That transfer changes the pace and formality of the proceedings, and cases can be sent back to probate court once the contested issue is resolved.
One boundary worth flagging early: if the decedent owned real property in another state, an ancillary probate proceeding is typically required there. The Alabama case handles Alabama assets; an attorney in the other state opens a secondary case for the out-of-state property.
Getting the Will Validated
Alabama requires every will to be in writing, signed by the testator, and signed by at least two witnesses who watched the testator sign or heard the testator acknowledge the signature.3Alabama Legislature. Alabama Code 43-8-131 – Execution and Signature of Will; Witnesses If those formalities are missing, the court rejects the will and the estate passes under intestacy rules.
Witnesses should be disinterested, meaning they don’t stand to inherit under the will. When a beneficiary also serves as a witness, a court may invalidate that person’s share on the theory that they could have pressured the testator.
A self-proving will avoids one of the most common probate delays. A notarized affidavit signed by the testator and both witnesses at the time the will is executed lets the court accept the will’s validity without tracking down the witnesses for live testimony.4Alabama Legislature. Alabama Code 43-8-132 – Self-Proved Will – Form and Execution; How Attested Will Made Self-Proved; Effect Alabama provides a specific statutory form. A will that wasn’t made self-proving at signing can still be made self-proving later through a separate sworn statement by the testator and witnesses.
Being Appointed Executor or Administrator
The person named as executor in the will petitions the probate court in the county where the decedent lived. The petition includes basic information about the decedent, the will, and an estimate of the estate’s value. Nobody has authority to act for the estate until the court formally approves the appointment and issues letters testamentary.
If there is no will, or the named executor is unwilling or unable to serve, the court appoints an administrator. Alabama gives first priority to the surviving spouse, followed by the next of kin entitled to share in the estate.5Alabama Legislature. Alabama Code 43-2-42 – Order of Grant of Administration When multiple people want the role, the court decides who is best suited.
Every executor or administrator takes an oath before assuming their duties. The court usually requires a surety bond, which functions like an insurance policy protecting the estate from mismanagement. A will can waive the bond, and heirs can consent to a waiver as well. When a bond is required, the premium is typically a small percentage of the estate’s value, paid from estate funds.
Personal representatives are entitled to reasonable compensation, set by the probate court based on the complexity of the administration, the skill required, the size of the estate, the results obtained, and customary charges for similar services in the area.6Alabama Legislature. Alabama Code 43-2-848 – Compensation of Personal Representatives There is no fixed statutory percentage. That compensation is taxable income to whoever receives it.
Inventory and Appraisal
After appointment, the executor must compile a detailed inventory of the decedent’s assets and file it with the probate court within 60 days. The inventory covers everything the estate owns: real estate, bank accounts, investment portfolios, vehicles, personal belongings, and business interests. Filing this record keeps the executor accountable to both the court and the beneficiaries.
Assets with no readily apparent market value need a professional appraisal. Real property, antiques, jewelry, artwork, and closely held business interests are common examples. Alabama does not impose its own state-level estate tax, so the appraisal requirement is driven either by federal tax obligations or by the need for a fair split among heirs.
Notifying Creditors and Paying Debts
Alabama requires publishing a notice to creditors once a week for three consecutive weeks in a newspaper in the county where the estate is being administered.7Alabama Legislature. Alabama Code 19-3-28 – Notice to Creditors If no newspaper is published in the county, posting at the courthouse door satisfies the requirement. Creditors the executor actually knows about should also receive direct notice.
Creditors must file claims within six months after letters testamentary or administration are granted, or within five months from the date the notice is first published, whichever comes later.8Alabama Legislature. Alabama Code 43-2-350 – Time and Manner of Filing Claims – Generally A creditor entitled to personal notice gets at least 30 days after receiving that notice. Claims filed after the deadline are generally barred.
When an estate can’t pay every creditor in full, Alabama sets a statutory order. Funeral expenses come first, followed by the fees and costs of administering the estate, and then other debts in the order the statute prescribes.9Alabama Legislature. Alabama Code 43-2-371 – Order of Preference Secured debts are a separate matter; the creditor’s lien attaches to the specific collateral rather than waiting in the general line.
This is where executors get into trouble more than anywhere else. Distributing assets to beneficiaries before creditor claims are fully resolved can make the executor personally liable for unpaid debts. The safe approach is to wait until the claims period expires and every valid claim is paid or contested before making distributions.
Family Allowances That Come Before Creditors
Alabama carves out specific protections for surviving spouses and dependent children, and these take priority over almost all creditor claims and bequests in the will. Families who don’t know about them often leave money on the table.
- Homestead allowance: A surviving spouse is entitled to $15,000. If there is no surviving spouse, the decedent’s minor and dependent children share the $15,000 equally.10Alabama Legislature. Alabama Code 43-8-110 – Homestead Allowance
- Exempt property: On top of the homestead allowance, the surviving spouse can claim up to $7,500 in household furniture, vehicles, appliances, and personal effects, net of any liens. If there is no surviving spouse, the decedent’s children share this entitlement.11Alabama Legislature. Alabama Code 43-8-111 – Exempt Property
- Family allowance: The court can authorize a reasonable allowance for the surviving spouse and minor children during administration to cover living expenses while the estate works through probate.
These three protections are separate and cumulative. A surviving spouse can receive all three, and they come ahead of general creditor claims in the payment hierarchy.
Distributing What’s Left
Once debts, administration costs, and family protections are handled, the executor distributes what remains according to the will. Specific bequests are fulfilled first. Whatever is left (the residuary estate) goes to whomever the will designates. If a named beneficiary predeceased the testator, their share typically passes to a contingent beneficiary or is redistributed among the surviving beneficiaries.
When there is no valid will, Alabama’s intestacy statutes decide who inherits. A surviving spouse’s share depends on whether the decedent left surviving children or parents. A spouse with no competing heirs inherits the entire estate. When children, parents, or both survive, the spouse receives a defined share and the remainder passes to the other heirs in the statutory order. Children of the decedent who are not also children of the surviving spouse can change the split further.
With no surviving spouse, the estate passes to descendants, then parents, then siblings, then more remote relatives. If no legal heirs exist at all, the estate escheats to the State of Alabama.12Alabama Legislature. Alabama Code 43-8-44 – When Estate Passes to State
Real estate transfers during probate require formal documentation filed with the county where the property is located, whether the estate is testate or intestate.
Federal Estate Tax
Alabama does not impose a state-level estate tax. Executors still need to think about federal estate tax. For 2026, the federal estate tax exemption is $15,000,000 per individual, a significant increase enacted through the One, Big, Beautiful Bill signed into law on July 4, 2025.13Internal Revenue Service. What’s New – Estate and Gift Tax Estates below the threshold owe no federal estate tax.
For estates that exceed the exemption, or when the executor wants to transfer unused exemption to a surviving spouse (portability), Form 706 must be filed with the IRS within nine months of the date of death. An automatic six-month extension is available by filing Form 4768. Portability is worth paying attention to even for smaller estates, because transferring unused exemption from the first spouse to the survivor effectively doubles the couple’s combined exclusion. That transfer only happens if Form 706 is filed on time.
Will Contests and Other Disputes
The most common probate disputes involve challenges to the will’s validity, allegations of executor misconduct, and disagreements over how assets should be divided. A will contest must be filed in circuit court within six months after the will is admitted to probate.14Alabama Legislature. Alabama Code 43-8-199 – Contest in Circuit Court After Admission to Probate – Generally Miss the deadline, and the will stands regardless of any defects.
Contestants typically argue that the testator lacked mental capacity or that someone exerted undue influence. Those claims need real evidence: medical records, testimony from people who interacted with the testator around the time the will was signed, and expert opinions. Courts don’t invalidate wills lightly.
Alabama courts frequently encourage mediation before a dispute reaches trial. Mediated settlements are faster, cheaper, and keep family conflicts out of the public record. When mediation fails, the case proceeds to trial in either probate or circuit court, depending on whether the matter was removed under the statutory transfer provisions. Throughout any dispute, the executor must keep managing the estate, securing assets and maintaining accurate records until the court says otherwise.