How does probate work in Alabama?

1. Governing Code. Alabama Code Title 43 (Wills and Decedents' Estates). Alabama has not adopted the UPC.

2. Court. Probate Court in the county of the decedent's domicile (Ala. Code § 43-8-162). Administration may be removed to Circuit Court (Equity) under Ala. Code § 12-11-41.

3. Petition to Open. Petition for Probate of Will and Issuance of Letters Testamentary (or Letters of Administration if intestate) filed under Ala. Code § 43-8-160 by the named executor or interested person.

4. Letters Testamentary / Letters of Administration. Issued under Ala. Code § 43-2-22 after appointment, oath, and bond (Alabama requires bond unless waived in the will).

5. Notice to Creditors. Published once a week for 3 consecutive weeks under Ala. Code § 43-2-60. Direct notice to known creditors. Creditor claim deadline is 6 months from the grant of Letters (Ala. Code § 43-2-350).

6. Inventory. Filed within 2 months of grant of Letters under Ala. Code § 43-2-311.

7. Informal Administration. Alabama administration is supervised by the Probate Court; many estates are removed to Circuit Court (Equity) for closing, particularly when real estate must be sold or accountings contested.

8. Summary Distribution / Small-Estate Procedure. Summary Distribution under Ala. Code § 43-2-692 for estates not exceeding the inflation-adjusted threshold ($34,611 for 2024) with no real property and after 30 days have passed since death.

9. Closing. Final Settlement and Account filed under Ala. Code § 43-2-505 (or § 43-2-660 for partial settlement). Order of discharge after audit by the court.

10. Probate Avoidance. Revocable living trust, joint tenancy with right of survivorship (statutory survivorship tenancy under Ala. Code § 35-4-7), POD/TOD accounts, beneficiary designations. Alabama does not authorize TOD deeds for real estate.

This is legal information, not legal advice.