What Are the Different Types of Probate in Alabama?

Alabama has three court paths for settling an estate, plus one route that skips court entirely. Summary distribution handles small estates of personal property worth $47,000 or less. Testate administration applies when there is a valid will, and the court issues letters testamentary. Intestate administration applies when there is no will, and the court issues letters of administration. Estates of out-of-state residents who owned Alabama property use foreign will probate. Assets held in a trust or passing by beneficiary designation avoid probate altogether.

Which path applies depends on two questions: was there a will, and what kind of property did the person own?

Which Type of Probate Applies to Your Situation?

Every path except the last one starts in the probate court of the county where the person lived at death. Each of Alabama’s 67 counties has its own probate court, and each holds original jurisdiction over admitting wills and appointing personal representatives.

Not sure which applies? Book a free 15-minute discovery call.

Option 1: Summary Distribution for Small Estates

This is Alabama’s shortcut, and it got significantly better recently. The Revised Alabama Small Estates Act took effect October 1, 2025 and raised the threshold well above the old limit.

The current small estate amount is $47,000. That figure is not arbitrary. It equals the combined inflation-adjusted homestead allowance, exempt property, and family allowance, and the State Treasurer resets it every three years. The next adjustment applies to claims on or after April 1, 2027, when the figure rises to roughly $51,175. Older articles still cite $25,000 or $37,075, so confirm the current number with the probate court before relying on it.

Two hard conditions:

• The estate can include personal property only. If the person owned real estate at death, summary distribution is off the table.
• The total value cannot exceed the threshold.

The process runs like this: a surviving spouse or distributee files a verified petition with the probate judge, files the will if there is one, gives notice by publication, notifies the Alabama Medicaid Agency, and waits. The court cannot enter the order until at least 30 days after notice. Alabama has no out-of-court small estate affidavit, so this is still a court proceeding, just a much shorter one. Mobile County’s probate court publishes a plain-language overview of the act.

Option 2: Testate Administration When There Is a Will

When there is a valid will and the estate is too large for summary distribution, someone files a petition for letters testamentary, usually the executor the will names. The court admits the will, appoints the executor as personal representative, and issues letters testamentary that banks and title companies accept as proof of authority.

One Alabama deadline outranks the rest. A will is not effective unless it is filed for probate within five years of the date of death. Miss that window and the will loses its force, and the estate is treated as though no will existed. Original wills sitting in a drawer while a family grieves is a real and expensive problem.

Once appointed, the personal representative has to:

• File an inventory of estate assets within two months of appointment.
• Publish notice to creditors and allow a six-month claim period.
• Pay valid claims and administrative expenses in the order the statute sets.
• Distribute what remains and file a final settlement.

The six-month creditor window is a mandatory wait, which is why even a simple uncontested estate rarely closes in under six to nine months. The Madison County Probate Court outlines its local requirements for probating estates, wills, and administrations. Our probate team handles these filings for families across Madison County.

Option 3: Intestate Administration When There Is No Will

With no will, the process is similar but the court decides two things the person never did: who serves, and who inherits.

Alabama sets a priority order for who receives letters of administration. The surviving spouse comes first, then the next of kin entitled to share in the estate, then the largest creditor in the state, then any other fit person the judge appoints.

Distribution follows Alabama’s intestacy statutes rather than anyone’s wishes. A surviving spouse does not automatically receive everything, and in blended families the result often surprises people. Children from a prior marriage, parents, and siblings can all take a share depending on who survives.

Option 4: Foreign Will Probate for Out-of-State Owners

When someone who lived in another state owned real estate in Alabama, their will can be admitted here through foreign will probate, provided it was already admitted to probate in their home state within five years of death. This lets the Alabama property be transferred without a full second administration.

This comes up often with lake property, farmland, and rental houses held by retirees who moved away. If your parents own Alabama real estate but live elsewhere, planning ahead avoids the double process entirely.

When Is No Probate Needed at All?

Plenty of property never touches the probate court:

• Assets titled in a living trust.
• Real estate held with a valid right of survivorship.
• Payable-on-death bank accounts and transfer-on-death securities.
• Life insurance and retirement accounts with a living named beneficiary.

One Alabama-specific point matters here. Alabama does not recognize transfer-on-death deeds or lady bird deeds for real estate, so a deed into a trust or a survivorship deed is the way to keep a house out of probate. There is also a quirk worth knowing: real property in Alabama passes directly to the heirs or devisees at death, while personal property goes to the personal representative for distribution.

Want to spare your family this process? Our estate planning team builds plans that keep most estates out of court.

Frequently Asked Questions

How long does probate take in Alabama?

Most uncontested estates take six to nine months, because the creditor claim period alone runs six months. Contested or complex estates run longer.

What is the small estate limit in Alabama for 2026?

$47,000 in personal property, with no real estate involved. The figure rises to about $51,175 for claims on or after April 1, 2027.

Is there a deadline to probate a will in Alabama?

Yes. A will must be filed for probate within five years of the date of death or it stops being effective.

Do all estates have to go through probate?

No. Trust assets, survivorship property, and accounts with a named living beneficiary pass outside probate entirely.

Which court handles probate in Alabama?

The probate court in the county where the person lived at death. For Huntsville families, that is the Madison County Probate Court.

What to Do After a Death in the Family

The first practical step is figuring out which path your situation falls into, because that determines the forms, the timeline, and the cost. Locating the original will matters most, since the five-year clock starts at the date of death.

Valley Estate Planning is North Alabama’s largest dedicated estate planning firm, with board-certified elder law attorneys and 500+ families protected. Schedule your free discovery call and we will tell you which type of probate applies and what comes next.