Settling an Estate in Alabama
Reviewed by DocDraft Legal Team · Alabama · Last updated August 27, 2026
Alabama estate administration runs through the Probate Court of the county where the decedent was domiciled at death, presided over by an elected judge of probate. That jurisdiction is not permanent: under Ala. Code 12-11-41 any heir, devisee, legatee, distributee, executor, or administrator may petition to remove the administration to the circuit court at any time before final settlement, without assigning any special equity. The creditor claim period under Ala. Code 43-2-350 runs six months from the grant of letters testamentary or of administration, or five months from the first publication of notice, whichever is later, with a 30 day floor for any creditor entitled to actual notice. Alabama's small estate route, summary distribution, was rewritten by Act 2025-431 effective October 1, 2025, and it is available only where the decedent owned no real property at the time of death.
Find out where you stand in Alabama
Where are you in settling the estate?
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Is probate always required in Alabama?
Not always. Property held with survivorship, payable on death accounts, life insurance and retirement plans with a living beneficiary, and trust assets pass outside probate. Where the decedent owned no real property and the estate is small enough, summary distribution under the Revised Alabama Small Estates Act can substitute for a full administration.
Which court handles probate in Alabama?
The Probate Court of the county where the decedent was domiciled at death, presided over by an elected judge of probate. Under Ala. Code 12-11-41 any heir, devisee, legatee, distributee, executor, or administrator may petition to remove the administration to the circuit court at any time before final settlement.
What is the small estate limit in Alabama?
Alabama calls it summary distribution. Act 2025-431, effective October 1, 2025, ties the ceiling to the combined homestead allowance, exempt property, and family allowance under Ala. Code 43-8-110 through 43-8-113, adjusted annually for inflation. Real property disqualifies the estate entirely.
How long does probate take in Alabama?
A full administration commonly runs eight to twelve months at a minimum. Claims may be presented until six months after the grant of letters, or five months after notice is first published, whichever falls later, and final settlement follows that. A summary distribution can conclude in roughly six to ten weeks.
A county Probate Court that can be traded for the circuit court, and a claim clock tied to letters
Alabama places estate administration in the Probate Court of the county where the decedent was domiciled at death, presided over by an elected judge of probate, but that court's hold on the case is not secure. Under Ala. Code 12-11-41 any heir, devisee, legatee, distributee, executor, or administrator may petition to remove the administration to the circuit court at any time before final settlement, without assigning any special equity, and after removal the circuit court holds the administration exclusively unless Ala. Code 12-11-41.1 permits a transfer back in a county whose probate judge is required to be learned in the law. A contested Alabama estate can therefore finish in a different building than it started in. On tracks, Alabama offers summary distribution and full administration. Summary distribution lives in the Revised Alabama Small Estates Act at Ala. Code 43-2-690 through 43-2-698, which Act 2025-431 rewrote effective October 1, 2025. Its ceiling, now called the small estate amount, is set by formula: Ala. Code 43-2-698 makes it equal to the combined maximum homestead allowance, exempt property, and family allowance under Ala. Code 43-8-110 through 43-8-113, as adjusted for the Consumer Price Index under Ala. Code 43-8-116, and the State Finance Director publishes the adjusted figure and notifies each judge of probate. The limit that decides most cases is not the dollar cap at all. Ala. Code 43-2-691 defines the qualifying estate as the personal property of a decedent who owns no real property at the time of death for which title does not pass by operation of law, so a decedent who owned a house or any acreage is outside summary distribution no matter how modest the estate is. Full administration then carries the claim clock. Ala. Code 43-2-350 requires claims to be presented within six months after the grant of letters testamentary or of administration, or five months after notice is first published, whichever is later, and any creditor entitled to actual notice must be allowed 30 days after that notice. Alabama is not a community property state. A surviving spouse dissatisfied with the will may elect under Ala. Code 43-8-70 to take the lesser of all the estate reduced by the value of the spouse's separate estate, or one third of the estate, by petition filed with the probate court within six months after the date of death or the probate of the will, whichever is later.
Relevant Laws
Code of Alabama 1975, Title 43, Chapter 2 (Administration of Estates)
The operative chapter for Alabama estate administration. It governs the grant of letters testamentary and of administration by the judge of probate, notice to creditors under Sections 43-2-60 and 43-2-61, bond under Section 43-2-851, the inventory under Section 43-2-835, the order of payment of debts under Section 43-2-371, personal representative compensation under Section 43-2-848, and settlement and discharge.
Revised Alabama Small Estates Act, Ala. Code 43-2-690 through 43-2-698 (Act 2025-431)
Act 2025-431, effective October 1, 2025, rewrote Alabama's summary distribution procedure. Section 43-2-691 limits the qualifying estate to the personal property of a decedent who owns no real property at death, so land disqualifies the estate outright. Section 43-2-698 sets the small estate amount as the combined maximum homestead allowance, exempt property, and family allowance under Sections 43-8-110 through 43-8-113 as adjusted under Section 43-8-116. The court may not order distribution until 30 days after publication and 30 days after the Alabama Medicaid Agency received notice.
Ala. Code 43-2-350 (Time and manner of filing claims)
All claims against the estate must be presented within six months after the grant of letters testamentary or of administration, or within five months after notice is first published, whichever is later, or they are forever barred and payment is prohibited. A creditor entitled to actual notice must be allowed 30 days after that notice. The verified claim is filed in the office of the judge of probate that granted the letters.
Alabama intestate administration and the spousal elective share
Where there is no will, letters of administration issue from the county Probate Court and the descent and distribution provisions of Title 43, Chapter 8 fix the shares. A surviving spouse who is dissatisfied with a will may instead elect under Ala. Code 43-8-70 and 43-8-73. Alabama is not a community property state.
Regional Variances
Alabama administration tracks
No real property, value at or below the small estate amount
Summary distribution under Ala. Code 43-2-690 through 43-2-698, filed in the office of the judge of probate for the county of domicile. The small estate amount equals the combined homestead allowance, exempt property, and family allowance under Sections 43-8-110 through 43-8-113 as adjusted for inflation under Section 43-8-116. No personal representative is appointed and no bond is filed with the petition.
Any real property owned at death, at any value
Full administration in the county Probate Court, with no summary option. Ala. Code 43-2-691 defines the qualifying estate as the personal property of a decedent who owns no real property at the time of death for which title does not pass by operation of law, so a single parcel or a house takes the estate out of the small estate track entirely.
Above the small estate amount, or a personal representative already sought
Full administration. Letters testamentary or of administration issue from the judge of probate, bond is required under Ala. Code 43-2-851 unless the will expressly exempts the personal representative, and the estate closes on final settlement. Summary distribution is unavailable where a petition for appointment of a personal representative is pending or has been granted.
Administration removed to the circuit court
Under Ala. Code 12-11-41 any heir, devisee, legatee, distributee, executor, or administrator may remove the administration from the Probate Court to the circuit court at any time before final settlement, without assigning any special equity. After removal, jurisdiction stays exclusively with the circuit court unless Ala. Code 12-11-41.1 permits a transfer back.
Alabama deadlines and mechanics
Creditor claims
Six months after the grant of letters testamentary or of administration, or five months after notice is first published, whichever is later, under Ala. Code 43-2-350. A creditor entitled to actual notice must be allowed 30 days after that notice. Claims not presented in time are forever barred and payment of them is prohibited.
Publication and actual notice
Under Ala. Code 43-2-60 and 43-2-61 the personal representative publishes notice of the appointment once a week for three consecutive weeks in a local newspaper, and separately mails actual notice by first class mail to creditors who are known or reasonably ascertainable, within six months from the grant of letters. Both steps are required, not alternatives.
Bond
Ala. Code 43-2-851 requires bond payable to the judge of probate, generally in the amount of the aggregate capital value of estate property in the personal representative's control plus a year of estimated income. A will may expressly exempt the personal representative, but the court may still require bond if the estate is likely to be wasted or an interested person swears their interest is endangered.
Inventory and settlements
An inventory of the decedent's property is due within two months of appointment under Ala. Code 43-2-835, and only an express provision in the will waives it. Annual settlements are required under Ala. Code 43-2-500 unless waived in the will, and the court may order an inventory anyway where the estate is likely to be wasted or an interested person would be prejudiced.
Suggested Compliance Checklist
Confirm whether the decedent owned any real property at death
Week 1 days after startingSearch the probate and land records in every county where the decedent may have held an interest, including inherited fractional interests in family land. Under Ala. Code 43-2-691 any real property owned at death closes off summary distribution regardless of the estate's value, so this single question decides which track the estate is on before anything is filed.
Verify the current small estate amount and test the estate against it
Weeks 1-2 days after startingThe ceiling is a formula, not a fixed number: Ala. Code 43-2-698 sets it as the combined homestead allowance, exempt property, and family allowance under Sections 43-8-110 through 43-8-113 as adjusted under Section 43-8-116, and it changes on an annual cycle. Take the current amount from the Small Estate Memorandum published by the Alabama Comptroller at comptroller.alabama.gov under online forms, or confirm it with the judge of probate for the county. Do not rely on a figure quoted in an article or on an older form, because the amount changes every year and stale numbers circulate widely.
Prepare and file the petition for summary distribution if the estate qualifies
Weeks 2-6 days after startingThe verified petition is filed in the office of the judge of probate for the county of domicile, with any self proved will attached, and no bond accompanies it. All funeral expenses and all claims must already be paid or arranged. Notice is published once in a newspaper of general circulation, the Alabama Medicaid Agency must be notified, and the court cannot order distribution until 30 days after each.
File the inventory within two months of appointment
Within 2 months of appointment days after startingAla. Code 43-2-835 requires an inventory of all property of the decedent, including debts accruing to the decedent, within two months of appointment. Only an express provision in the will waives it, and general language granting broad discretion to the personal representative does not count. The court can order an inventory even where one was waived.
Diary the claim bar date and hold distribution until it passes
6 months from grant of letters days after startingCalculate the later of six months from the grant of letters and five months from the first publication of notice under Ala. Code 43-2-350, and add 30 days for any creditor who received actual notice late. Distributing before that date exposes the personal representative to a surcharge on final settlement, because Ala. Code 43-2-371 puts funeral expenses and administration charges ahead of the beneficiaries.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the decedent owned any real property at death | Search the probate and land records in every county where the decedent may have held an interest, including inherited fractional interests in family land. Under Ala. Code 43-2-691 any real property owned at death closes off summary distribution regardless of the estate's value, so this single question decides which track the estate is on before anything is filed. | - | Week 1 |
| Verify the current small estate amount and test the estate against it | The ceiling is a formula, not a fixed number: Ala. Code 43-2-698 sets it as the combined homestead allowance, exempt property, and family allowance under Sections 43-8-110 through 43-8-113 as adjusted under Section 43-8-116, and it changes on an annual cycle. Take the current amount from the Small Estate Memorandum published by the Alabama Comptroller at comptroller.alabama.gov under online forms, or confirm it with the judge of probate for the county. Do not rely on a figure quoted in an article or on an older form, because the amount changes every year and stale numbers circulate widely. | - | Weeks 1-2 |
| Prepare and file the petition for summary distribution if the estate qualifies | The verified petition is filed in the office of the judge of probate for the county of domicile, with any self proved will attached, and no bond accompanies it. All funeral expenses and all claims must already be paid or arranged. Notice is published once in a newspaper of general circulation, the Alabama Medicaid Agency must be notified, and the court cannot order distribution until 30 days after each. | small-estate-affidavit | Weeks 2-6 |
| File the inventory within two months of appointment | Ala. Code 43-2-835 requires an inventory of all property of the decedent, including debts accruing to the decedent, within two months of appointment. Only an express provision in the will waives it, and general language granting broad discretion to the personal representative does not count. The court can order an inventory even where one was waived. | asset-inventory | Within 2 months of appointment |
| Diary the claim bar date and hold distribution until it passes | Calculate the later of six months from the grant of letters and five months from the first publication of notice under Ala. Code 43-2-350, and add 30 days for any creditor who received actual notice late. Distributing before that date exposes the personal representative to a surcharge on final settlement, because Ala. Code 43-2-371 puts funeral expenses and administration charges ahead of the beneficiaries. | - | 6 months from grant of letters |
Frequently Asked Questions
Yes. Ala. Code 43-2-371 sets the order in which estate debts are paid, beginning with funeral expenses and then fees and charges of administration. A personal representative who pays a junior claim or distributes to beneficiaries while a senior claim is outstanding can be surcharged on final settlement and made to pay the shortfall personally. Waiting out the claim bar date in Ala. Code 43-2-350 before distributing is the practical protection.
Both, but only by express language. Ala. Code 43-2-851 lets a will exempt the personal representative from bond, and the court may still order bond if the estate is likely to be wasted or an interested person swears their interest is endangered. Ala. Code 43-2-835 allows the inventory to be waived only by an express provision, and Alabama courts have held that general language granting broad discretion to a personal representative does not qualify.
Ala. Code 43-2-848 caps the fee at two and a half percent of the value of all property received and under the personal representative's possession and control, plus two and a half percent of all disbursements. The court may allow additional reasonable compensation for extraordinary services. Payment without prior court approval has to be expressly authorized by the will, and the beneficiaries may agree in writing to a different amount if the agreement is not unconscionable.
Yes. Ala. Code 43-8-70 gives the surviving spouse an elective share equal to the lesser of all the estate reduced by the value of the spouse's separate estate, or one third of the estate. Under Ala. Code 43-8-73 the election is made by filing a petition for elective share with the probate court within six months after the date of death or the probate of the will, whichever is later, and the court has discretion to extend that deadline.
The estate is administered in the same county Probate Court on a petition for letters of administration, and the descent and distribution provisions in Title 43, Chapter 8 of the Code of Alabama determine who inherits and in what shares. Alabama is not a community property state, so there is no automatic one half spousal share. Because there is no will to waive it, bond under Ala. Code 43-2-851 is ordinarily required, and no inventory waiver is available.
Other Alabama guides
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