How Probate Works in Alabama

Probate is handled by the county probate court (judge of probate). A will must be filed for probate within five years after death. The usual steps are: petition to probate the will and for letters testamentary (or letters of administration if there is no will); the personal representative gives notice to creditors by mail to known creditors and by publishing once a week for three weeks; claims are filed with the probate judge; debts are paid; and the estate is distributed and settled.

The main simplified option is summary distribution under the Revised Alabama Small Estates Act (see small estate). A will can also excuse the executor from filing an inventory, reports or a final settlement unless an interested person shows their interest is at risk or the judge finds the estate may be wasted.

Claims must be filed in the probate judge's office within six months after letters are granted or five months after the first published notice, whichever is later. A known creditor entitled to mailed notice has at least 30 days after that notice. Claims not filed in time are barred.

A person cannot serve as executor if under 19, convicted of an infamous crime, or unable to do the job because of intemperance, improvidence or lack of understanding. A nonresident named as executor in a will can receive letters on the same bond and terms as a resident; if the will expressly waives bond, bond is generally not required. A nonresident generally cannot be appointed administrator (no will) unless already serving as personal representative of the same estate in another state. With no will, priority goes to the surviving spouse, then next of kin, then the largest Alabama creditor, then others the judge appoints.

Alabama uses a short court process rather than a simple affidavit. Under the Revised Alabama Small Estates Act, if the decedent owned no real estate (other than property passing automatically, such as by survivorship), was not survived by a minor child who is not the surviving spouse's child, and the personal property is worth no more than the small estate amount, a person entitled to the estate can file a verified petition for summary distribution in the probate court of the county where the decedent lived. No bond is required. Notice is published once in a local newspaper and sent to the Alabama Medicaid Agency, and the judge cannot order distribution until at least 30 days after each notice. Funeral expenses and claims must be paid or arranged.

Each Alabama county has its own Judge of Probate. The Alabama Secretary of State keeps a directory of every county's probate judge with office address and phone number; contact the probate office in the county where the person lived about wills and estate files.