Alabama probate runs on a set of filings and deadlines that start the moment letters are issued. This guide walks you through each step with the actual statute citation and the current small estate threshold.
We’re not yet live in Alabama — the guide below is still accurate, and you can join the waitlist to be the first to know when a Alabama-licensed attorney is available.
Alabama recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Less court supervision. Personal representative can act autonomously on property sales and distributions without court approval for routine matters.
Full court oversight. Court approval required for major actions including property sales, distributions, and all accounts.
These are the filings ordered the way they actually happen in a typical Alabama estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition to Probate Will with Probate Court in county where decedent resided.
Notice of probate published once in probate court newspaper or legal newspaper.
List all known estate assets with valuations at fair market value.
Wait for creditor claims deadline. Personal representative allows or disallows claims.
File final account with probate court showing all receipts, disbursements, and distributions.
Distribute remaining assets to beneficiaries per will or Alabama intestacy law.
File petition for discharge of personal representative. Court issues discharge order.
After the personal representative is appointed, a notice to creditors must be published once for 1 week. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
If the gross estate is small enough, Alabama allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active Alabama courts:
Most Alabama estates close in 9–15 months. The floor is set by the creditor claim period (6 months from first publication of the creditor notice.) plus the time to file inventory, settle debts, and prepare the final accounting. Estates with real property sales, tax returns, or disputes run longer.
Yes. If the gross estate is $25,000 or less and at least 30 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: Ala. Code § 43-2-610 et seq..
Alabama recognizes independent or supervised administration. independent — Less court supervision. Personal representative can act autonomously on property sales and distributions without court approval for routine matters. supervised — Full court oversight. Court approval required for major actions including property sales, distributions, and all accounts.
After the personal representative is appointed, a notice to creditors must be published once in a qualifying newspaper for 1 week. Creditors then have 6 months from first publication of the creditor notice. Claims filed after the deadline are barred. Citation: Ala. Code § 43-2-61, 43-2-73.
Alabama law doesn't strictly require an attorney, but most personal representatives retain one. Court rules, creditor notice requirements, tax returns, and fiduciary accounting obligations create personal liability for the personal representative if they're done incorrectly. A flat-fee attorney through Closewell handles filings, statutory notices, inventory, and accounting with fixed pricing and no hourly billing.
Court filing fees in Alabama typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
Closewell launches state by state so every matter is handled by a licensed attorney in your jurisdiction. Drop your email and we’ll tell you the day a Alabama-licensed attorney is available.