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Probate in Alabama, Step by Step

A plain-English walk through the Alabama probate process for families with a house: where to file, who serves, the creditor deadline, the inventory, and when the court must approve a sale.

Reviewed October 31, 2026 by George Lensch, broker, Wyze Realty. General information about Alabama, not legal, tax or financial advice.

What Probate Is, in Plain English

Probate is the court process that does four things: confirms whether there is a valid will, appoints a person to manage the estate, gives creditors a fair chance to be paid, and then passes what is left to the people entitled to it. In Alabama, real estate passes at death to the people named in the will, or to the heirs if there is no will, but it stays subject to allowances for the family, the spouse's elective share, creditors' claims and the administration of the estate (Ala. Code 43-2-830). That last phrase is why a buyer's title company usually wants to see probate handled before it will insure a sale.

Probate is not always needed for a house. If the deed had survivorship wording, the house was in a trust, or it was deeded away before death, the house may pass outside probate. The tool below walks through it.

Step 1: Where and When to File

A will is filed with the probate court of the county where the person lived at death. For someone who lived outside Alabama, it is the county where they died leaving assets, or where their assets are located (Ala. Code 43-8-162). Around Huntsville, that usually means Madison, Limestone, Morgan, Marshall or Jackson County, but go by where your loved one actually lived.

For filing procedures and forms, contact the probate office in the county where your loved one lived. Staff can explain the process, but they cannot give legal advice. The Limestone County probate office publishes a helpful handout, "Estates in Alabama," linked in the sources below.

Step 2: Who Serves as Personal Representative

"Personal representative" is the general term for the person who manages the estate. With a will, it is usually the executor the will names, who receives letters testamentary. With no will, the court appoints an administrator, who receives letters of administration. If the named executor cannot or will not serve, the court can issue letters of administration "with the will annexed" (Ala. Code 43-2-22).

When there is no will, Alabama gives priority to the first person on this list who is willing and suitable (Ala. Code 43-2-42):

1. The surviving husband or widow
2. Next of kin entitled to share in the estate
3. The largest creditor residing in Alabama
4. Anyone else the judge appoints

Some people cannot serve: anyone under 19, anyone convicted of an infamous crime, or anyone the court finds unfit for reasons such as intemperance, improvidence or want of understanding. A nonresident of Alabama generally cannot be appointed administrator unless already serving as executor or administrator of the same estate in another state (Ala. Code 43-2-22). A nonresident named as executor in a will may serve, on the same bond terms as a resident (Ala. Code 43-2-191). See Out-of-State Heirs if family lives far away.

Step 3: The Bond

Alabama generally requires the personal representative to post a bond, a kind of insurance that protects the estate if the representative mishandles it. The amount is generally based on the value of property under the representative's control plus one year's estimated income; land that cannot be sold without court authorization is left out of that figure. A will may expressly waive bond, but the court can still require one if an interested person shows by affidavit that the estate is endangered, or if the court finds it likely to be wasted (Ala. Code 43-2-851). Ask your attorney whether a bond will be required in your case and what it will likely cost.

Step 4: Notice to Creditors and the Claim Deadline

Within 30 days after letters are granted, the personal representative must publish a notice once a week for three weeks in a newspaper in the county where letters were granted, and must send actual notice by first-class mail to creditors who are known or reasonably easy to find (Ala. Code 43-2-60 and 43-2-61).

Claims must then be filed within six months after letters are granted, or five months after the first publication, whichever is later. A creditor entitled to actual notice gets 30 days after that notice if that is later. Late claims are "forever barred," although claims that are liens on the property, like a mortgage, may still be paid to protect the asset (Ala. Code 43-2-350). Claims are filed with the probate judge's office in the county where letters were granted.

This claim period is the main reason even simple estates take at least six months. It is also why selling the house during probate does not mean distributing all the money right away; the representative may need to hold funds until claims are resolved.

Step 5: The Inventory

Within two months after appointment, the personal representative generally prepares an inventory of the estate, listing assets at their value on the date of death along with any debts against them. A copy goes to any interested person who asks. A will can excuse the representative from filing the inventory with the court (Ala. Code 43-2-835). The date-of-death value of the house belongs in the inventory and is also what most heirs need for the tax basis, so an appraisal now does double duty. See Taxes on an Inherited House.

Step 6: Managing and Selling the House

While the estate is open, the representative has the right to possess estate property, but may leave the house with the heir presumptively entitled to it. While holding it, the representative pays the taxes and necessary upkeep and collects any income (Ala. Code 43-2-837). Without a court order, a representative can generally insure estate assets, lease property as landlord for no more than one year, and complete the deceased person's enforceable contracts to sell land (Ala. Code 43-2-843).

Selling the house is different. "Unless expressly authorized by the will, a personal representative, only after prior approval of court," may sell real property of the estate (Ala. Code 43-2-844). So:

• If the will expressly authorizes selling real estate, the executor can generally sell once letters are issued.
• If not, the representative's attorney asks the court to approve the sale. A sworn application to sell estate land must describe the land, name the heirs and where they live, and say whether any heir is a minor or of unsound mind; any interested party may contest it (Ala. Code 43-2-444).
• The court can also order a sale for division when the land cannot be fairly divided among heirs, or when an adult heir or devisee asks in writing (Ala. Code 43-2-443).

The practical details are in Selling a House During Probate.

Want a market value and a plan for the house while the court paperwork moves? Call (256) 808-6861 or schedule a confidential call. There is no cost and no obligation.

Step 7: Closing the Estate

After the claim period, the representative pays valid debts, taxes and expenses, accounts for what came in and went out, and distributes what is left. The Limestone County handout notes that the estate generally cannot be divided until claims and expenses are paid, "which takes at least six months," and that attorney fees and the personal representative's pay need court approval.

How Long Probate Usually Takes

These are typical ranges, not promises. A missing heir, a will contest, a slow appraisal or a busy court calendar can each add months.

Small Estates: The 2025 Rewrite

Alabama replaced its small estates law effective October 1, 2025 (Act 2025-431, the "Revised Alabama Small Estates Act," Ala. Code 43-2-690 and following). Key points:

• The limit. The old $25,000 cap is gone. The small estate amount now equals the combined maximum homestead allowance, exempt property and family allowance. As of October 2026 that is $47,000; based on the State Treasurer's adjustment table it is scheduled to be $51,175 for claims made on or after April 1, 2027.
• Who may petition. Any person entitled to an interest in the small estate, or someone authorized to act for them, may file a verified petition with the probate judge in the county where the person lived. No bond is required, and a self-proved will must be filed with the petition.
• Notice and waiting. Notice is published once in a local newspaper (or posted at the courthouse for a week if there is none), and the Alabama Medicaid Agency must be notified. The court cannot order distribution until at least 30 days after the publication and 30 days after Medicaid receives notice.
• Houses. The statute still describes the small estate as personal property. We found nothing in the amended law that lets a house pass by summary distribution, so it is generally not a path for real estate. Confirm with a probate attorney or the court.
• Local practice varies. Mobile County's probate court, for example, says summary distribution is not available if the decedent leaves a minor child who is not the surviving spouse's child.

Who Inherits With No Will

Alabama's intestacy law sets the order: the surviving spouse takes a share that depends on who else survives (Ala. Code 43-8-41), and the rest goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants (Ala. Code 43-8-42). An heir must survive by five days (Ala. Code 43-8-43), half-blood relatives inherit (Ala. Code 43-8-46), and the old concepts of dower and curtesy are abolished (Ala. Code 43-8-57). For the spouse's exact shares and the family allowances, see When a Spouse Dies.

Questions to Bring to the Attorney

A first meeting with a probate attorney goes better when you bring the deed, the will (if any), a list of heirs with contact information, recent statements for the mortgage and accounts, and the questions below.

Quick Quiz

Common Questions

Talk It Through, Confidentially

Big decisions are easier with someone in your corner. Whether you are ready to sell, still deciding, or just need to understand your options, call or schedule a time to talk. The first conversation is free, private and comes with no obligation. If what you really need is an attorney, a CPA or a housing counselor, we will tell you that and point you in the right direction.

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Sources

• Ala. Code 43-2-830, devolution of estate at death (Justia)
• Ala. Code 43-2-42, priority to serve as administrator (Justia)
• Ala. Code 43-2-191, nonresident executors (Justia)
• Ala. Code 43-2-851, bond (Justia, 2006 text)
• Ala. Code 43-2-835, inventory (Justia)
• Ala. Code 43-2-837, possession of estate property (Justia)
• Ala. Code 43-2-843, powers without court order (Justia, 2006 text)
• Ala. Code 43-2-844, powers requiring court approval (Justia)
• Ala. Code 43-2-443, sale of estate land for division (Justia)
• Ala. Code 43-8-41, share of surviving spouse (Justia)
• Ala. Code 43-8-42, shares of other heirs (Justia)
• Code of Alabama Title 43, Ch. 8, Art. 3, intestate succession (Justia)
• Alabama Legislature, HB164 (2025), Revised Alabama Small Estates Act
• Alabama State Treasurer, Consumer Price Index law table
• Mobile County Probate Court, Alabama Small Estates Act
• Limestone County, Estates in Alabama (handout)

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Wyze Realty LLC, Huntsville, Alabama. Information on this page is general and educational, is not legal, tax, financial or credit advice, and may not reflect the most current law. Consult an Alabama attorney, CPA or HUD-approved housing counselor about your situation. All real estate services are provided in accordance with the Fair Housing Act.