How Long Does Probate Take in Alabama?

What Affects How Long Probate Takes

Common factors include:

• whether there is a valid will
• the size and complexity of the estate
• required waiting periods under state law
• court workload and processing time
• whether the estate is contested

These factors influence how much time the court needs to process the estate and whether additional review or waiting periods apply.

Typical Probate Timeline in Alabama

While every case is different, probate generally follows these steps:

• Filing the petition (Week 1–2) The executor or an interested party files a petition with the county probate court. Alabama requires the original will to be filed within five years of the decedent’s death.
• Appointment of personal representative (Week 2–6) The court reviews the petition and appoints the executor named in the will or an administrator if there is no will. Letters testamentary are issued.
• Inventory and appraisal (Month 2–3) The personal representative must file an inventory of estate assets within two months of appointment. Real property, financial accounts, and personal property are valued.
• Notice to creditors (Month 1–7) Notice must be published in a local newspaper. Creditors have six months from the date of publication to file claims against the estate.
• Payment of debts and taxes (Month 7–9) After the creditor period closes, valid claims, funeral expenses, and any taxes owed are paid from estate assets.
• Distribution to heirs (Month 9–11) Remaining assets are distributed according to the will or Alabama’s intestacy laws if there is no will.
• Final settlement and closing (Month 10–12) The personal representative files a final accounting with the court. Once approved, the estate is formally closed.

Short vs. Long Probate Cases

• Simple estates often complete probate closer to the lower end of the typical range.
• Contested or complex estates can take significantly longer, especially if disputes arise or assets are difficult to locate.

How Alabama Probate Differs From Other States

Alabama’s probate courts are county-level courts with broad jurisdiction over estates. The state offers a simplified small estate process — if the estate is valued at $36,450 or less (adjusted periodically), heirs can use a small estate affidavit to collect assets without formal probate. Alabama does not follow the Uniform Probate Code, so all standard estates require court supervision throughout the process.

Small Estate Shortcut in Alabama

For estates valued at $36,450 or less (after subtracting liens and encumbrances), Alabama allows a small estate affidavit under Code of Alabama § 43-2-692. This bypasses formal probate entirely and allows collection of assets 30 days after the decedent’s death. This option is not available if the estate includes real property that requires court transfer.