Alabama probate is handled in each county's Probate Court, presided over by an elected Probate Judge. Alabama is one of the few states where the Probate Judge is an elected county official rather than a state-appointed judge — and one of the few states where the Probate Judge is not required to be a lawyer (though most are). This guide walks through every option.
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Does Alabama Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, joint tenancy property with right of survivorship, and (for spouses) tenancy by the entirety. Alabama has not adopted a transfer-on-death deed for real estate, so a revocable living trust is typically the most reliable way to keep real estate out of probate.
Summary Distribution for Small Estates
For estates whose value (after subtracting the family allowance) does not exceed $37,075 (as adjusted for inflation for the period March 1, 2025 through February 28, 2026, under Alabama Code § 43-2-692), Alabama allows Summary Distribution. The Probate Court can order direct distribution to the surviving spouse or heirs without formal administration, provided the estate consists entirely of personal property. This is one of the most useful procedures in Alabama for very small estates. The threshold is adjusted annually for inflation by the State Treasurer, so confirm the current figure before filing.
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See the full checklist →Types of Alabama Probate Administration
- Testate administration: When there is a valid will. The named executor petitions for Letters Testamentary.
- Intestate administration: When there is no will. An eligible relative petitions for Letters of Administration.
- Summary Distribution: For estates below the small estate threshold (see above).
- Administration with Will Annexed: When there is a will but the named executor cannot or will not serve.
How to Open Probate in Alabama
- File a Petition for Letters Testamentary (or Petition for Letters of Administration) in the Probate Court of the county where the deceased was domiciled.
- Bring the original will (if any), a certified death certificate, and a list of heirs.
- Attend the brief hearing — typically scheduled 2–4 weeks after filing.
- If appointed, the Probate Court issues Letters Testamentary or Letters of Administration.
Alabama's Personal Representative Compensation
Alabama's compensation statute (Alabama Code § 43-2-848) sets a "reasonable compensation" standard, weighed against factors like the difficulty of the work, the skill required, the size of the estate, and the results obtained — capped at no more than 2.5% of the value of all property received and under the possession and control of the personal representative. The court can approve a different amount if the personal representative and all affected beneficiaries agree in writing, as long as the agreement isn't unconscionable.
Example: For a $500,000 estate, the maximum statutory compensation is up to $12,500 (2.5% of $500,000) — though the court may award less than the maximum if the "reasonable compensation" factors don't support the full amount, or approve additional compensation for genuinely extraordinary services.
Creditor Claims in Alabama
Alabama's creditor claim period runs 6 months from the grant of Letters Testamentary or Letters of Administration (Alabama Code § 43-2-350), provided notice has been given. The personal representative must publish a Notice to Creditors and give direct notice to known creditors. Claims filed after the 6-month period are generally barred.
Pro tip
Alabama's 6-month creditor period runs from the grant of Letters — not from the date of death or publication. The grant date is when your clock starts. Calendar it carefully and don't promise distributions before the 6-month mark.
Intestacy in Alabama
If there is no will, Alabama's intestacy statute applies. Key rules: if the deceased has a surviving spouse and all descendants are also descendants of the spouse, the spouse takes the first $50,000 plus 1/2 of the balance, with the descendants taking the rest. If there are descendants from outside the marriage, the spouse takes 1/2 and the descendants take 1/2. If there are no descendants, the spouse takes the first $100,000 plus 1/2 of the balance, with the parents taking the rest.
Alabama Has No State Estate or Inheritance Tax
Alabama has no state estate tax and no inheritance tax. Only the federal estate tax applies, and as of 2026 the federal exemption is $15 million per person ($30 million for a married couple), made permanent by the One Big Beautiful Bill Act signed into law in July 2025. The vast majority of Alabama estates — even quite large ones — owe no estate or inheritance tax of any kind.
Spousal and Family Allowances
Alabama provides several allowances paid before creditors: a homestead allowance ($15,000), an exempt property allowance ($7,500 in tangible personal property), and a family allowance for the surviving spouse and minor children (typically up to $15,000 over the first year of administration).
You're reading about probate in Alabama. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Alabama may change. Consult a licensed Alabama attorney for guidance specific to your situation.