STATE PROBATE GUIDE

Probate in Alabama

UPC-influenced state with simplified summary distribution for small estates

Overview

Alabama's probate system is influenced by the Uniform Probate Code, offering a mix of formal and simplified procedures. Probate is handled through dedicated Probate Courts in each of Alabama's 67 counties. The state enacted the Alabama Small Estates Act in 1979 and revised it significantly in 2024, providing a summary distribution procedure for smaller estates. Alabama does not impose a state estate or inheritance tax, simplifying overall estate administration.

Key Facts

  • Governing Law: Alabama Code, Title 43 (Wills and Decedents' Estates)
  • Court: Probate Court
  • Small Estate Threshold: $47,000 (2025)
  • Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
  • Follows UPC: Yes

What Makes Alabama Unique

  • Summary Distribution — Under the Revised Alabama Small Estates Act (Ala. Code §43-2-690 et seq.), estates with personal property valued at $47,000 or less (2025) can use a petition for summary distribution, bypassing full probate administration.
  • No State Estate or Inheritance Tax — Alabama does not impose a state estate tax or inheritance tax, reducing the overall tax burden on estates.
  • Annual Threshold Adjustment — Alabama adjusts its small estate threshold annually based on the Consumer Price Index, keeping the threshold aligned with inflation.
  • Probate Court System — Alabama has a dedicated Probate Court in each county, with elected Probate Judges who handle estate matters, making the system more specialized than states that use general jurisdiction courts.
  • 30-Day Waiting Period — Summary distribution requires a 30-day waiting period after the decedent's death before filing, along with publication of notice to creditors.

Probate Process Steps

  1. File petition for probate with the county Probate Court
  2. Court appoints personal representative and issues letters of administration
  3. Publish notice to creditors in a local newspaper
  4. Notify known creditors and beneficiaries
  5. Inventory and appraise all estate assets
  6. Allow creditor claims period (6 months from date of death or publication)
  7. Pay valid debts, taxes, and administration expenses
  8. File final accounting and petition for distribution
  9. Distribute assets according to the will or intestacy law
  10. File closing documents with the court

Costs & Fees

Fee Structure: Alabama does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation, typically determined by the complexity of the estate, time spent, and local market rates. Court filing fees vary by county.

Typical Attorney Fees: Hourly rates typically $150–$350/hour; flat fees of $2,000–$6,000 for simple estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees, publication costs, and certified copies

Bond may be required for personal representatives unless waived in the will. Bond premiums typically run 0.5–1% of the bond amount annually. Summary distribution significantly reduces costs for qualifying estates.

Frequently Asked Questions

How long does probate take in Alabama?

A standard Alabama probate typically takes 6 to 12 months. Estates qualifying for summary distribution can be completed faster, often within 2 to 4 months. Complex estates with contested wills or significant creditor claims may take 1 to 2 years.

Can I avoid probate in Alabama?

Yes. Estates with personal property valued at $47,000 or less (2025) may qualify for summary distribution under the Alabama Small Estates Act, avoiding full probate. Other avoidance strategies include revocable living trusts, joint tenancy with right of survivorship, payable-on-death accounts, and transfer-on-death designations.

What is the small estate limit in Alabama?

As of 2025, estates with personal property valued at $47,000 or less may use the summary distribution procedure under the Revised Alabama Small Estates Act. This threshold is adjusted annually based on the Consumer Price Index. The procedure does not apply to real property.

How much does probate cost in Alabama?

Attorney fees for simple estates typically range from $2,000 to $6,000. Non-lawyer costs (court filing fees, publication, certified copies) generally total $300 to $1,500. Summary distribution for qualifying estates significantly reduces overall costs. Alabama has no state estate or inheritance tax.

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