What is probate in Alabama?
Probate is the court-supervised legal process of settling a deceased person's estate — paying their debts and distributing their remaining assets to heirs. In Alabama, probate is handled by the county probate court in the county where the deceased lived. For North Alabama residents, that's typically the Madison County Probate Court in Huntsville.
Not all estates require probate. Assets with named beneficiaries, jointly owned property, and assets held in a trust generally pass outside of probate entirely. See our guide on when probate is required in Alabama for a full breakdown.
North Alabama probate courts
Each county in North Alabama has its own probate court. Select your county for specific court information, hours, and contact details:
- Madison County Probate Court — Huntsville →
- Huntsville probate court — hours & forms →
- Limestone County Probate Court — Athens →
- Morgan County Probate Court — Decatur →
- Marshall County Probate Court — Guntersville →
The Alabama probate process — overview
File with the probate court
File the original will (or petition for administration if no will) with the county probate court. Must be filed within five years of death.
Executor or administrator appointed
The court appoints the executor named in the will, or appoints an administrator, and issues Letters Testamentary or Letters of Administration.
Notify creditors
Publish notice to creditors in a local newspaper for three weeks. Notify known creditors directly. Creditors have six months to file claims.
Inventory and value assets
Identify, locate, and appraise all probate assets. File an inventory with the court.
Pay debts and expenses
Pay valid creditor claims, funeral expenses, and estate administration costs in the order of priority set by Alabama law.
Distribute assets and close
Distribute remaining assets to beneficiaries. File a final accounting and petition to close the estate with the probate court.
How long does Alabama probate take?
A straightforward Alabama probate case typically takes 8–12 months from filing to closing. The six-month creditor claim period is the primary driver of this timeline — the estate cannot be fully distributed until it closes. Complex estates, disputes, or missing heirs can extend the process to 2–3 years or more.
What does Alabama probate cost?
Probate costs in Alabama typically include court filing fees ($75–$300), newspaper publication fees ($100–$200), and attorney fees if you hire one. Attorney fees for probate are often calculated as a percentage of the gross estate — typically 2–4% — or charged at hourly rates of $200–$400 per hour for North Alabama attorneys.
For a $300,000 estate, total probate costs might run $6,000–$15,000 and take nearly a year. This is why many North Alabama families choose to plan ahead with a living trust that avoids probate entirely.
Want to avoid probate for your family?
A revocable living trust transfers assets to your heirs without any court involvement. An estate planning attorney can set one up and fund it properly.
Learn about trusts →