How Does Probate Work in Alabama? A Step-by-Step Guide

When someone dies in Alabama, one of the first legal questions is whether an estate needs to be administered through probate. The answer depends on the property the deceased person owned, how that property was titled, whether there is a will, and whether someone needs court-issued authority to administer estate assets. Probate is not always a pleasure cruise, and the way I explain it to clients is you only want to go through probate if you hit a brick wall with an asset that you cannot access or transfer except to open an estate. As with any legal matter, there are exceptions to this rule, and sometimes wills may need to be probate to address issues outside of straightforward asset marshaling.

“Probate” can refer specifically to proving a will, while “estate administration” is the broader process of collecting property, addressing claims and expenses, and distributing the estate.

Who can submit an Alabama will for probate?
Alabama Code § 43-8-160 expressly provides that, after a testator dies, the will may be presented for probate by an executor, devisee or legatee named in the will, a person interested in the estate, or a person who has custody of the will.

That means the person named as executor is not necessarily the only person capable of getting the probate process started. There is also an unusually important Alabama deadline: a will generally is not effective unless it is filed for probate within five years of the testator's death. That rule appears in Ala. Code § 43-8-161. This five-year deadline should not be confused with a recommendation to wait five years. It is a statutory outside limit for effectiveness of the will.

What happens after a personal representative is appointed?
Alabama law imposes fiduciary obligations on the personal representative. Under Ala. Code § 43-2-833, a personal representative is expressly a fiduciary and generally must use the care a prudent person would use when dealing with another person's property. The representative must settle and distribute the estate according to the effective probated will and Title 43 as expeditiously and efficiently as is consistent with the estate's best interests. That is an important point for executors: appointment is not simply permission to divide the property however the executor believes is fair.

Is an inventory required?
Generally, yes, subject to statutory exceptions, unless the will waives inventory or there is a waiver and reason to seek additional information about assets and debts from the personal representative. Ala. Code § 43-2-835 provides that, within two months after appointment, a covered personal representative must file an inventory describing property owned by the decedent at death, its fair-market value as of death, and applicable encumbrances.

The statute excludes certain representatives, including a special administrator and a successor where the predecessor already discharged the duty. It also permits a testator expressly to exempt the personal representative from the initial court-filing requirement, although the court can require an inventory if it believes the estate is likely to be wasted to an interested person's prejudice.

What happens with creditors?
​The personal representative has statutory notice obligations. Under § 43-2-60, publication notice generally must be given within 30 days after letters are granted, while actual notice to an identified creditor must be given as soon as practicable after identification. Section 43-2-61 requires notice to known or reasonably ascertainable creditors by first-class mail or another mechanism reasonably calculated to give actual notice and requires publication once a week for three successive weeks.

Creditor deadlines are governed principally by § 43-2-350. The statute contains different timing language depending on the nature of the claim and actual notice, so an executor should not simply assume that “all creditors always have six months.”

When can the estate be finally settled? 
Ala. Code § 43-2-501 states that final settlement may occur after six months from the grant of letters if all debts are paid and the condition of the estate otherwise permits settlement. This is why saying “Alabama probate takes six months” would be inaccurate. Six months is not a guaranteed completion date. It is the earliest point identified in § 43-2-501 for final settlement when the statute's other requirements are satisfied. Estates certainly can proceed for years depending on the issues and parties involved.

Next Step
If you are preparing to probate an estate in Alabama and want help understanding what comes next, our firm can guide you through the process step by step. We can help you determine whether probate is necessary, identify the documents and information you will need, explain the responsibilities of the personal representative, and help you navigate the required filings, creditor issues, and distributions. Contact our firm to discuss the estate and get clear guidance on the next steps in the Alabama probate process.
​
Disclaimer
​This article is provided for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Alabama estate, probate, and estate planning laws can be complex, and the appropriate course of action depends on the specific facts and circumstances of each situation. You should consult with a qualified Alabama attorney regarding your individual circumstances, goals, and legal needs.