Does Alabama require probate?
In most cases, yes. Alabama requires probate for any estate with assets titled solely in the deceased person's name. However, the state offers simplified procedures for smaller estates that can reduce the cost and time involved.
Estates with personal property under $36,000 (excluding real estate) may qualify for transfer by small estate affidavit or summary distribution. Assets held jointly, in a trust, or with named beneficiaries (retirement accounts, life insurance) pass outside of probate regardless of value.
What court handles probate in Alabama?
Probate in Alabama is handled by a dedicated Probate Court in each of the state's 67 counties. Each county has an elected Probate Judge who oversees estate matters, will contests, and guardianships.
The case is filed in the county where the deceased person lived. Alabama's Probate Courts operate independently from the state's Circuit Courts.
There is no specific statutory deadline to file for probate, but the process should begin promptly to prevent complications with creditors and property management.
Small estate threshold
Estates where the deceased's personal property is valued at $36,000 or less (excluding real estate) may use a simplified process to transfer assets (Alabama Code § 43-2-692).
Alabama offers two simplified paths:
Small estate affidavit. For very small estates, heirs can file an affidavit with the Probate Court to collect personal property without opening a formal estate.
Summary distribution. For estates that qualify, the court can order a direct distribution to heirs without the full probate process. This involves a petition, a brief waiting period, and a court order.
In both cases, the estate must have no significant unpaid debts, and only personal property (not real estate) can be transferred.
Full probate in Alabama
For estates that exceed the small estate threshold or include real property titled solely in the deceased's name, Alabama requires letters testamentary (if there is a will) or letters of administration (if there is no will) before the personal representative can act.
The general probate process in Alabama:
- File the will (if one exists) with the Probate Court.
- Petition for appointment as personal representative.
- Notify creditors. Alabama requires publication of a notice to creditors in a local newspaper for four consecutive weeks. Creditors then have six months from the date of publication to file claims.
- Inventory the estate. The personal representative must file an inventory of estate assets with the court.
- Pay debts and taxes.
- Distribute remaining assets to heirs according to the will or intestate law.
- File a final settlement with the court.
Alabama probate can take anywhere from six months to over a year, depending on the estate's complexity and whether any claims are contested.
What if there is no will?
When someone dies without a will in Alabama, the estate follows the state's intestate succession laws (Alabama Code § 43-8-40 et seq.).
If the deceased was married:
- Spouse, no children or parents. The surviving spouse inherits the entire estate.
- Spouse and children (all shared). The surviving spouse receives the first $50,000 plus one-half of the remaining estate. The children divide the rest.
- Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children divide the other half.
- Spouse and parents (no children). The surviving spouse receives the first $100,000 plus one-half of the remaining estate. The parents inherit the rest.
If the deceased was not married:
- Children. The children inherit equally.
- Parents (no children). The parents inherit everything.
- Siblings (no children or parents). The siblings inherit equally.
For a broader overview, see our guide on handling an estate without a will.
What makes Alabama different?
Dedicated Probate Court in every county
Alabama is one of a few states with a separate, dedicated Probate Court in each county. The Probate Judge is an elected official who handles estates, guardianships, and (in many counties) other local government functions like issuing marriage licenses and overseeing elections.
Low small estate threshold
Alabama's $36,000 threshold for simplified estate procedures is lower than many states. Estates just above this threshold may still face the full probate process, even if they are relatively straightforward.
No state estate or inheritance tax
Alabama has no state estate tax and no inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million in 2025.
For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.
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