Alabama Probate Process: Timeline, Required Forms, and What Happens at Each Stage

Full probate administration in Alabama is a legally structured sequence of filings, notifications, and waiting periods that can feel chaotic if you don't know what comes next. The process isn't discretionary — each step is governed by statute, and missing a deadline can mean personal liability for the executor.

Here's a clear map of how the Alabama probate process actually unfolds.

Step 1: Filing the Initial Petition (Days 1–30)

Probate begins when the executor (or, if there's no will, a family member seeking appointment as administrator) files a petition in the probate court of the county where the deceased lived.

If there's a will: File a Petition for Probate of Will and a request for Letters Testamentary. The original will — not a photocopy — must be submitted. A photocopy raises a legal presumption that the original was intentionally destroyed or revoked.

If there's no will (intestate): File a Petition for Letters of Administration. The court will apply Alabama's intestate succession rules (Ala. Code § 43-8-41) to determine heirs and appoint an administrator.

The petition itself must include: the decedent's full name and date of death, county of residence, names and addresses of all heirs, a basic description of the estate's assets, and the death certificate.

Most counties accept petitions on a walk-in basis. Filing fees range from $45 at Mobile County to $151 for a testate (with-will) case at Lee County. Budget $300 to $600 for total opening costs across fees, certified copies of letters, and the creditor publication.

Step 2: Letters Testamentary — The Document That Makes Everything Possible

After reviewing the petition and satisfied it's in order, the probate judge issues Letters Testamentary (with a will) or Letters of Administration (without one). These are the court-certified documents that legally empower the executor to act.

Without Letters, banks won't release funds, the DMV won't accept title transfer paperwork, and investment firms won't make beneficiary payouts from non-designated accounts. With Letters, you have legal authority to marshal all probate assets.

Before the letters are issued, most courts require the executor to post a fiduciary bond — essentially insurance protecting the estate against the executor's potential negligence or misconduct. If the will explicitly waives the bond requirement, courts will generally honor that waiver.

Important: Alabama probate courts issue Letters in certified copies, each stamped and sealed. Order multiple certified copies at filing (each typically costs $3–$5) — you'll need one for each institution you contact.

Step 3: The Mandatory Inventory (Due Within 60 Days)

Within two months of being appointed, the executor must file a sworn, itemized inventory of all estate assets with the probate court. This is not optional and missing the deadline constitutes a breach of fiduciary duty that can result in removal by the judge.

The inventory must list:

• Every asset owned solely by the deceased
• Description of each item (account numbers, property addresses, vehicle VINs)
• Fair market value as of the date of death — not today's value, not purchase price

Assets with complex valuations — real estate, business interests, collections — typically require a licensed appraiser. The appraisal cost is an estate expense.

Non-probate assets (POD accounts, jointly held property with right of survivorship, life insurance with named beneficiaries) are not included in the probate inventory. They pass outside the court's jurisdiction entirely.

Step 4: Notice to Creditors and the Six-Month Window

Under Alabama Code § 43-2-350, the executor must publish a formal Notice to Creditors in a newspaper of general circulation in the county where the deceased resided. This publication must run once per week for three consecutive weeks. The first publication must occur within 30 days of the executor's appointment.

Publishing in a newspaper is mandatory — posting online or notifying creditors by letter alone is not sufficient. And beyond publication, the executor has an affirmative duty to send direct written notice to every known or reasonably likely creditor.

Once proper publication begins, creditors have six months from the grant of letters (or five months from first publication, whichever is later) to file their claims with the probate court. A creditor who misses this window is generally barred forever from collecting on that debt from estate assets.

This six-month creditor window is the structural reason Alabama probate can't close quickly. It's a hard floor, not a guideline.

Medicaid runs separately. If the deceased received Medicaid benefits, the executor must also notify the Alabama Medicaid Estate Notice Office (either through their online portal or by certified mail to P.O. Box 5624, Montgomery, AL). Medicaid then has 30 days to respond — a separate clock that runs regardless of the creditor publication timeline.

Step 5: Paying Creditors in the Right Order

Once valid creditor claims arrive, Alabama law mandates a strict priority hierarchy for paying them. If the estate has insufficient funds to pay everyone, this order determines who gets paid and who doesn't:

1. Funeral and burial expenses
2. Estate administration costs (court fees, attorney fees, executor commissions)
3. Last illness expenses (hospital and hospice bills)
4. Taxes assessed against the estate
5. Wages owed to employees for services in the year of death
6. All other general claims (credit cards, personal loans, unsecured debt)

Executors who pay lower-priority debts before higher-priority ones can be held personally liable for shortfalls. Do not pay credit card bills while hospital bills or funeral expenses remain outstanding.

Step 6: Final Accounting and Distribution

After the six-month creditor window closes and all valid claims are satisfied, the executor prepares a final accounting for the court. This document shows everything the estate received, every expense paid, and every proposed distribution to heirs.

The probate judge reviews and approves this accounting. Only after court approval can the executor legally distribute the remaining assets to heirs — either according to the will or, if there's no will, according to Alabama's intestate succession rules.

How Long Does Alabama Probate Actually Take

The hard minimum is approximately six months, set by the creditor claim window. In practice:

• Simple estates (clear will, few assets, no disputes): 9 to 12 months
• Moderate complexity (real estate, multiple accounts, some creditor activity): 12 to 18 months
• Contested estates (will challenges, Medicaid recovery, family disputes): 2 years or more

The biggest time killers are disputed creditor claims, real estate that's difficult to sell or appraise, and family disagreements that trigger adversarial court proceedings.

Alabama Probate Forms to Know

Each county has its own forms, but the core documents used across Alabama include:

• Petition for Probate of Will (or Petition for Letters of Administration for intestate estates)
• Petition for Letters Testamentary / Letters of Administration
• Fiduciary Bond (unless waived by the will)
• Inventory and Appraisement (due within 60 days of appointment)
• Notice to Creditors (published in local newspaper, three consecutive weeks)
• Final Accounting (submitted to court before distribution)

Mobile County and Jefferson County both publish administrator handbooks with county-specific forms on their websites. If you're filing in another county, call the probate court clerk's office for their current form set.

For the complete forms checklist, county-specific filing instructions, and a deadline calendar that maps every statutory due date in Alabama's probate process, the Alabama Estate Settlement Guide consolidates everything in one place.

See more Alabama guides →