When a loved one passes away, their last will and testament must go through probate to ensure their estate is administered according to their wishes. In Alabama, probate is a legal process overseen by the probate court that validates the will, appoints an executor, and ensures the distribution of assets. If you are navigating this process, understanding Alabama probate laws can help you avoid unnecessary delays and legal complications.

What Is Probate?

Probate is the court-supervised process of administering a deceased person's estate, ensuring debts and taxes are paid, and distributing assets to heirs or beneficiaries. In Alabama, the probate process is governed by the Alabama Code Title 43, Chapter 8, which covers wills and intestate succession.

Step-by-Step Guide to Probating a Will in Alabama

1. File the Will in Probate Court

Under Alabama Code § 43-8-161, the original will must be filed with the probate court in the county where the deceased resided within five years of their passing. If the will is not filed within this timeframe, it may not be admitted to probate.

Steps to file a will:

  • Obtain a certified copy of the death certificate.
  • Locate the original will and ensure it is properly signed and witnessed per Alabama Code § 43-8-131.
  • Submit the will, death certificate, and a petition for probate to the appropriate probate court.

2. Notify Heirs and Beneficiaries

Once the will is filed, Alabama law requires notification of all heirs and beneficiaries. This is typically done through formal written notice or publication in a local newspaper, depending on the circumstances.

3. Court Appointment of an Executor or Personal Representative

If the will names an executor, the court will review and approve the appointment. If no executor is named, the court may appoint a personal representative in accordance with Alabama Code § 43-2-22. The executor or representative is responsible for managing the estate, paying debts, and distributing assets.

4. Inventory and Appraisal of the Estate

The executor must file an inventory of the deceased’s assets, including real estate, bank accounts, vehicles, and personal property. If necessary, a professional appraisal may be required to determine the estate’s value.

5. Pay Debts and Taxes

Before distributing assets, the estate must settle any outstanding debts, including:

  • Funeral expenses
  • Medical bills
  • Creditors' claims
  • State and federal taxes

Per Alabama Code § 43-2-371, creditors have six months from the date of probate to file claims against the estate.

6. Distribute Assets to Beneficiaries

After debts and taxes are paid, the executor can distribute assets to the beneficiaries as outlined in the will. If there are disputes, the probate court may intervene to resolve conflicts.

7. Close the Estate

Once all debts are settled and assets are distributed, the executor must file a final accounting with the probate court. Upon approval, the court will issue an order officially closing the estate.

Do All Estates Need to Go Through Probate?

Not all estates require full probate. Alabama offers simplified probate options for small estates:

  • Summary Distribution (Alabama Code § 43-2-692): If the estate is valued at $25,000 or less and the decedent has been deceased for over 30 days, a simplified process may apply.
  • Small Estate Affidavit: If the estate does not include real property and is valued at less than $25,000, heirs may be able to collect assets without formal probate.

What Happens if There Is No Will?

If the deceased did not leave a will (died intestate), Alabama's intestate succession laws (Alabama Code § 43-8-40 et seq.) determine how assets are distributed. Typically, assets pass to the surviving spouse and children first, followed by other close relatives.

Conclusion

Probating a will in Alabama can be a complex process, but understanding the legal steps can make it more manageable.