Overview of Alabama probate law
Alabama probate law governs how a deceased person's estate is administered — paying debts, transferring property, and distributing assets to heirs. The primary statutes are found in Title 43 of the Code of Alabama, which covers wills, estates, and fiduciary relationships. The Alabama Law Institute regularly reviews and updates these statutes.
In North Alabama, probate is handled at the county level. For Huntsville residents and most of Madison County, that means the Madison County Probate Court at 100 Northside Square in Huntsville.
Key Alabama probate statutes
- Alabama Code Title 43, Chapter 2 — Administration of Estates (the core probate statute covering executor duties, creditor claims, and distribution)
- Alabama Code Title 43, Chapter 8 — Probate Code (wills, intestate succession, and formal probate procedures)
- Alabama Code § 43-2-692 — Small estate affidavit (allows estates under $25,000 to be settled without formal probate)
- Alabama Code Title 19 — Trusts (governing trust creation and administration)
- Alabama Code Title 26, Chapter 1A — Uniform Power of Attorney Act
Alabama intestate succession — who inherits if there's no will
If someone dies without a valid will in Alabama, their estate is distributed according to Alabama's intestate succession laws under Alabama Code § 43-8-40 et seq. The order of distribution is:
- Spouse and children: If you have both a spouse and children, your spouse receives the first $50,000 plus half of the remaining estate; your children share the other half equally
- Spouse only: Your spouse inherits everything
- Children only (no spouse): Your children inherit everything in equal shares
- No spouse or children: Your estate goes to parents, then siblings, then more distant relatives in a specific legal order
- No living relatives: Your estate "escheats" — passes to the State of Alabama
Alabama probate process — step by step
File the will and petition
File the original will (or petition for administration if no will) with the county probate court within five years of death. The court determines whether the will is valid.
Appointment of executor or administrator
The court appoints the named executor or, if no will, an administrator — usually the surviving spouse or closest next of kin. The court issues Letters Testamentary or Letters of Administration.
Notice to creditors
Alabama law requires publication of notice to creditors in a local newspaper for three consecutive weeks. Known creditors must be notified directly. Creditors have six months from the grant of Letters to file claims.
Inventory and appraisal
The executor inventories and values all probate assets and files the inventory with the court.
Pay debts and taxes
Valid creditor claims, funeral expenses, administration costs, and any taxes are paid from estate assets in the priority order established by Alabama law.
Distribute assets and close
Remaining assets are distributed to beneficiaries according to the will or intestate succession. The executor files a final accounting with the court and petitions to close the estate.
The six-month creditor claim period
One of the most important features of Alabama probate law is the six-month creditor claim period. After the executor receives Letters Testamentary and publishes the required creditor notice, creditors have six months to file claims against the estate. The estate generally cannot be fully distributed until this window closes — which is why Alabama probate typically takes at least 8–12 months from start to finish.
Alabama small estate law
Alabama Code § 43-2-692 allows heirs to use a small estate affidavit to collect assets without formal probate when the total probate estate is $25,000 or less and at least 30 days have passed since death. This is one of the most useful provisions of Alabama probate law for small estates — it avoids virtually all probate costs and delays.
Alabama probate court jurisdiction
Each Alabama county has a probate court presided over by a Judge of Probate. The probate court has jurisdiction over will contests, estate administration, guardianships, conservatorships, and mental health proceedings. Probate judges in Alabama are elected to six-year terms.
Planning ahead can eliminate Alabama probate entirely. Assets held in a revocable living trust, accounts with named beneficiaries, and jointly owned property all pass outside of probate — avoiding the six-month wait, court costs, and attorney fees entirely. See our guide on when probate is required in Alabama.