Executor Checklist for Alabama: Complete 2026 Probate Guide

Your mother passed away last month in Birmingham. She named you as executor in her will, and now you're trying to figure out which Probate Court to go to, what forms to file, and how long this whole process is going to take. Alabama's probate system is relatively straightforward compared to many states, but "straightforward" doesn't mean obvious — especially when you're grieving and have never done this before. You need an Alabama-specific answer, and you need it now.

This is your step-by-step Alabama executor checklist — every form, every deadline, every fee, specific to how Alabama probate actually works in 2026. If you're looking for a general overview of the executor role first, start with our Executor's Complete Guide to Probate and come back here for the Alabama details.

Important: This guide is for informational purposes only and does not constitute legal advice. Probate laws are complex and vary by county within Alabama. Always consult with a licensed attorney authorized to practice law in Alabama before making legal or financial decisions about an estate.

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Quick Reference: Alabama Probate Court Contact

Alabama Probate Court (each county has an elected Probate Judge) Website: judicial.alabama.gov Phone: (205) 325-5555 (Jefferson County Probate Court) Filing Fee: $50 -- $200 Small Estate Threshold: $47,000 Creditor Period: 6 months Community Property State: No UPC State: No

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Your Alabama Executor Checklist

Step 1: Immediate Actions (First 7 Days)

Before you file anything with the court, there are urgent tasks that protect the estate and protect you as executor.

Order death certificates. You'll need more than you expect. Order 10-15 certified copies from the Alabama Center for Health Statistics or the funeral home. Banks, insurance companies, investment firms, and the DMV will each require their own certified copy. In Alabama, certified copies cost approximately $15 each — affordable, so order plenty.

Secure the property. If the deceased owned a home, make sure it's locked, the mail is being collected, and nothing is deteriorating. Check that homeowner's insurance is current — policies can lapse quickly after a death. Alabama's heat and humidity can cause rapid deterioration in an unattended home, so make sure HVAC systems are running and there's no water intrusion.

Locate the original will. You need the original, not a copy. Check the deceased's home, their attorney's office, and any safe deposit box. In Alabama, wills may have been filed with the Probate Court for safekeeping during the person's lifetime. Without the original, the court may require you to prove the will's contents through other evidence, or the estate may proceed as intestate.

Notify immediate family. Let beneficiaries and close family members know that you've been named executor and that you'll be managing the probate process. You don't need to share financial details yet — just that you're handling things and will keep them informed. Setting expectations early reduces the communication burden significantly.

Gather financial records. Start collecting bank statements, investment account information, mortgage documents, credit card statements, tax returns, and insurance policies. You'll need all of this for the inventory and for filing taxes. The more organized you are now, the smoother every subsequent step will be.

Step 2: Determine If Full Probate Is Required

Not every Alabama estate needs full probate. Before you file anything, check whether the estate qualifies for a simplified procedure.

Small estate — summary distribution. If the total value of the deceased's estate is $47,000 or less (updated by the Revised Alabama Small Estates Act, effective October 2025), you may qualify for summary distribution under Alabama's small estate procedures. This allows you to distribute the estate without going through the full probate process. The Probate Court can provide the specific forms and requirements for your county.

Nonprobate transfers. Assets with beneficiary designations (life insurance, retirement accounts, POD bank accounts), jointly held property with right of survivorship, and assets in revocable trusts all pass outside of probate. If most of the deceased's wealth is in these categories, the probate estate may be small enough for simplified procedures.

If the estate exceeds these thresholds, you'll need full probate. Here's how it works.

Step 3: File the Will and Petition for Probate

This is the step that officially starts the probate process in Alabama.

File a Petition for Probate with the Probate Court. Alabama has a Probate Court in each of its 67 counties, presided over by an elected Probate Judge. File the original will, a certified death certificate, and your petition for probate with the Probate Court in the county where the deceased lived at the time of death.

Pay the filing fee. Alabama probate filing fees range from $50 to $200, depending on the county and the estate's complexity. This is one of the more affordable ranges in the country.

Request Letters Testamentary. When the court admits the will to probate and appoints you as executor, you'll receive Letters Testamentary — your official proof of authority to act on behalf of the estate. If there's no will, you'll receive Letters of Administration. Order several certified copies of these letters — you'll need them for every bank, insurance company, and financial institution.

Bond may be required. Alabama typically requires the executor to post a bond, unless the will specifically waives it. The bond protects beneficiaries and creditors from potential mismanagement. If the will waives bond, the court usually respects that provision. Bond costs are typically a percentage of the estate's value.

The court hearing. Unlike UPC states where informal probate can be processed without a hearing, Alabama may require a hearing before the Probate Judge to admit the will and confirm your appointment. This is usually brief — the judge reviews the petition, confirms no objections, and issues your appointment.

For context on what the overall process looks like step by step, our general executor checklist covers the phases that apply in every state.

Step 4: Publish Notice and Notify Creditors

Alabama law requires you to notify creditors and the public that probate is underway.

Publish a notice to creditors. You must publish a Notice to Creditors in a newspaper of general circulation in the county where the case is filed. This runs once a week for 3 consecutive weeks. The newspaper handles the formatting and proof of publication — you arrange it and pay for it (typically $75-200).

Send notice to known creditors. After you're appointed, mail written notice to every creditor you're aware of. This gives known creditors individual notification that they need to file claims.

The creditor claim window: 6 months. In Alabama, creditors have 6 months from the granting of Letters Testamentary to file a claim against the estate. After this window closes, most claims are permanently barred. You should not distribute assets until this window closes and all valid claims are resolved. Understanding how debt works after someone dies will help you evaluate which claims are legitimate.

Notify beneficiaries and heirs. Send formal notice to everyone named in the will and to anyone who would inherit under Alabama intestacy law if there were no will. Beneficiaries have specific legal rights, including the right to receive a copy of the will and to be notified of major estate actions.

Step 5: Inventory and Appraise Assets

This is where you account for everything the deceased owned.

File an inventory with the Probate Court. You must file a complete inventory of the estate's assets with the court, typically within 60 days of your appointment (though some counties allow more time). This lists every probate asset, its fair market value as of the date of death, and how you determined that value.

No probate referee required. Alabama does not require a court-appointed appraiser. You can value most assets yourself using fair market value. For real estate, hiring a licensed appraiser is recommended practice. For financial accounts, use statements as of the date of death. For vehicles, use NADA or Kelley Blue Book values.

Valuation guidelines. Use the date-of-death value for all assets. Bank statements, brokerage statements, and insurance documents provide values for financial assets. For real estate and personal property of significant value (jewelry, artwork, collections), get professional appraisals. Keep documentation supporting every valuation — the court and beneficiaries can request it.

Separate nonprobate assets. Assets passing by beneficiary designation, joint ownership, or trust don't go on the probate inventory. Track them separately for tax purposes.

Step 6: Pay Debts, Taxes, and Expenses

Once the creditor window is open and claims come in, handle them methodically.

Evaluate creditor claims. Not every claim is valid. Review each one carefully. You can accept valid claims or contest claims you believe are invalid. In Alabama, disputed claims can be referred to the circuit court for resolution.

Alabama has no state estate or inheritance tax. This is genuinely good news. Alabama does not impose its own estate tax or inheritance tax. You only need to worry about federal estate tax if the estate exceeds the federal exemption — currently $15 million (adjusted periodically for inflation). The vast majority of Alabama estates owe zero estate tax.

File the decedent's final income tax return. The deceased's final federal and Alabama state income tax returns are due by April 15 of the year following death. Any tax owed is paid from the estate. If the estate generates income during administration (rental income, investment dividends, interest), you'll also need to file estate income tax returns (federal Form 1041 and Alabama Form 41).

Pay valid debts and estate expenses. After evaluating claims, pay valid creditor claims, ongoing expenses, and probate costs from estate funds. Alabama law establishes a priority order for paying claims — costs of administration first, then funeral expenses (up to a reasonable amount), then debts due the United States, then debts due the state, then all other claims. Keep meticulous records.

Step 7: Distribute Assets and Close the Estate

You're in the final stretch. Alabama requires a final settlement before the Probate Court.

Prepare a final settlement. Alabama requires the executor to file a final settlement with the Probate Court. This is a comprehensive accounting of everything that came into the estate, everything that went out, and what's left for distribution. The settlement must show all receipts, disbursements, and the proposed distribution to each beneficiary.

Court approval required. The Probate Judge must approve the final settlement before you can distribute assets. The court will set a hearing date, and interested parties will be notified and given an opportunity to object. If everyone is satisfied and there are no objections, the judge approves the settlement.

Distribute assets according to the will. After court approval, transfer assets to beneficiaries as directed in the will. Get signed receipts from each beneficiary confirming they received their distribution. This protects you if questions come up later.

Discharge from duties. Once the final settlement is approved and assets are distributed, the court issues an order discharging you from your duties as executor and releasing your bond (if one was posted). Keep copies of everything — you may need them for years.

For a broader look at how the probate timeline typically unfolds, including what causes delays, see our detailed timeline breakdown.

Alabama-Specific Probate Rules to Know

Beyond the step-by-step process, there are several Alabama-specific rules that can affect how you manage the estate.

Elected Probate Judges. Alabama's Probate Judges are elected officials who serve six-year terms. Each of Alabama's 67 counties has its own Probate Court and Probate Judge. This means procedures, fees, and local customs can vary somewhat from county to county. What works in Jefferson County (Birmingham) may be slightly different in Mobile County or Madison County. When in doubt, call the Probate Court clerk in the relevant county.

Independent administration available. Alabama allows the executor to petition for independent administration, which reduces the need for court supervision of routine estate transactions. If granted, you can sell property, pay debts, and manage estate assets without getting individual court approval for each action. This can significantly speed up the process.

Executor compensation. Alabama law allows "reasonable compensation" for executors, capped at a statutory maximum of 2.5% of receipts and 2.5% of disbursements. The Probate Court has discretion to approve a lower amount based on the complexity of the estate and may also allow additional compensation for extraordinary services. For more on how executor compensation works across states, see our detailed guide.

Homestead exemption. Alabama provides a homestead allowance of $15,000 for the surviving spouse (or minor children if there is no surviving spouse). The homestead allowance is exempt from and has priority over all claims against the estate and is in addition to any share passing to the surviving spouse by the will, by intestate succession, or by way of elective share.

Exempt personal property. In addition to the homestead, the surviving spouse is entitled to exempt personal property worth up to $7,500. This can include household furnishings, clothing, and other personal items that are exempt from creditors' claims.

Year's support for family. Alabama allows the surviving spouse and minor children to petition for a year's support — a reasonable allowance from the estate to maintain the family during administration. This is paid before other distributions and before most creditor claims.

What HeirPortal Does for Alabama Executors

When you set up an estate in HeirPortal, Alabama-specific deadlines and requirements populate automatically — the inventory deadline, the 6-month creditor claim window, publication requirements, and key filing dates. Your family members see the same timeline you do, which means fewer calls asking "what's happening with Mom's estate?" and more time spent actually moving things forward. You can check our state coverage page to see exactly what's included.

FAQ

How long does probate take in Alabama?

Most Alabama estates take 8-14 months from initial filing to final distribution. Simple estates with cooperative families and no real estate to sell can sometimes close in 7-9 months. The 6-month creditor period is the main built-in delay. Complex estates involving business interests, multiple properties, or family disputes can take 18 months to 2 years or longer.

Do I need a lawyer for probate in Alabama?

No — Alabama allows self-representation (pro se) in probate. For simple estates with straightforward assets and cooperative families, handling probate yourself is feasible. However, Alabama's probate process involves more court interaction than UPC states (which offer informal probate without hearings), so hiring an attorney is more common. For estates involving real estate, business interests, or potential disputes, an attorney is strongly recommended.

What is the small estate threshold in Alabama?

The current small estate threshold in Alabama is $47,000 (increased from $37,075 by the Revised Alabama Small Estates Act, HB 164, effective October 2025). Estates below this amount may qualify for summary distribution, which allows assets to be distributed without full probate administration.

How much does probate cost in Alabama?

The major costs break down as follows:

• Court filing fee: $50-$200
• Attorney fees: Varies — typically $2,000-$5,000 for straightforward estates
• Newspaper publication: $75-$200
• Certified death certificates: $150-$225 (for 10-15 copies at ~$15 each)
• Appraisal fees: $300-$500 per property (if needed)
• Bond: Varies by estate size (waivable if the will says so)

Alabama probate is generally affordable compared to many states.

Does Alabama have an estate or inheritance tax?

No. Alabama does not impose a state estate tax or inheritance tax. You only need to worry about the federal estate tax if the estate exceeds the federal exemption ($15 million). This makes Alabama one of the most tax-friendly states for estate administration.

What are the executor fees in Alabama?

Alabama allows "reasonable compensation" for executors, with a statutory maximum of 2.5% of receipts and 2.5% of disbursements. The Probate Court may approve a lower amount based on the complexity of the work involved and may also allow additional compensation for extraordinary services. The executor can also be reimbursed for reasonable out-of-pocket expenses.

What happens if the executor lives outside Alabama?

Alabama allows out-of-state executors, but the court may require additional safeguards such as posting a bond or appointing a local agent for service of process. Some counties are stricter than others about non-resident executors. If you're managing an estate from out of state, hiring a local probate attorney is strongly recommended, especially since Alabama probate typically involves court hearings.

What is independent administration in Alabama?

Independent administration allows the executor to manage routine estate matters — selling property, paying debts, managing investments — without getting individual court approval for each transaction. The executor must petition the Probate Court for this authority, and all interested parties must be notified. If no one objects, the court can grant independent administration, which reduces the number of court hearings and speeds up the process significantly.

Executor Checklists for Other States

Looking for executor guidance specific to another state? We have detailed checklists for:

Alaska | Arizona | Arkansas | California | Colorado | Connecticut | DC | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky | Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | West Virginia | Wisconsin | Wyoming

Don't see your state? Check our state coverage page for probate requirements in all 50 states plus DC.

Alabama's probate process is more straightforward than many states, with affordable fees, no state estate tax, and accessible Probate Courts in every county. The 6-month creditor period sets the pace, but every step is manageable when you know what's coming. Take it one step at a time, keep good records, and don't hesitate to ask the Probate Court clerk for guidance — they deal with executors every day and can point you in the right direction.