Alabama probate guide

Probate process in Alabama

Alabama probate runs through each county's Probate Court. Estates of personal property only, under an inflation-adjusted cap (about $37,075 for 2025-26), can use Summary Distribution without full administration. Alabama is unusual in that it does NOT recognize transfer-on-death deeds for real property, so a will or revocable trust is typically required to avoid probate of a home.

Alabama probate at a glance

Court
Probate Court (county)
Typical timeline
26–52 weeks
Filing fee
$50–$350
Small-estate threshold
$37,075
TOD deed allowed?
No
Bond required by default?
Yes (unless waived)
Statute
Ala. Code §§ 43-2-1 et seq.; Small Estates Act § 43-2-690

Source: probate.mobilecountyal.gov. Fees and thresholds change — verify with your county court before filing.

How Alabama probate works, step by step

  1. 1File petition for letters testamentary or administration with the county Probate Court
  2. 2Court appoints personal representative and issues letters
  3. 3Notify creditors via publication; six-month claim period runs
  4. 4Inventory, appraise, and pay valid debts and taxes
  5. 5File final settlement and distribute remaining assets to heirs

Probate by county in Alabama

Filing fees, court contacts, and process detail for 1 Alabama county:

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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed Alabama probate attorney for advice specific to your situation.