Probate | Alabama
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Mountain Brook, AL 35223 - Call:(205) 202-9801
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If a loved one has passed away and you are trying to figure out what comes next, you will almost certainly hear the word "probate." In Alabama, probate is a court-supervised legal process for validating a will, appointing someone to manage the estate, paying debts, and distributing assets to heirs. Understanding how Alabama probate court works — and which court handles your case — is the first step toward getting through this process with as little stress as possible.
At Colvin & Sawyer Law Offices, we guide families across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and throughout Alabama through probate court from beginning to end.
"Alabama probate court is not as intimidating as it sounds — but it does have strict rules, firm deadlines, and real consequences for mistakes. Going in informed makes all the difference."
Which Alabama Probate Court Handles Your Case?
Alabama probate is handled at the county level. You file in the probate court of the county where the deceased person lived at the time of death — not where they owned property or where family members live.
- Jefferson County Probate Court — serves Birmingham, Mountain Brook, Vestavia Hills, Homewood, Hoover (portions), and surrounding communities
- Shelby County Probate Court — serves Hoover (portions), Alabaster, Pelham, Helena, Chelsea, and surrounding communities
- Other counties — each Alabama county has its own probate court. If your loved one lived in Tuscaloosa, Madison, or elsewhere, you file in that county.
If the deceased owned real estate in multiple Alabama counties, the probate case opens in the county of residence — but ancillary filings may be needed in other counties to transfer the real property title.
What Alabama Probate Court Actually Does
The Alabama probate court serves several important functions in estate administration:
- Validates the will — the court reviews the original will and confirms it meets Alabama's legal requirements for execution
- Appoints the personal representative — confirms the executor named in the will, or appoints an administrator if there is no will
- Oversees creditor notification — the court requires public notice to creditors and enforces the six-month claim period
- Reviews the estate inventory — the personal representative must file a complete inventory of assets with the court
- Approves the final accounting — before the estate can close, the court reviews the personal representative's accounting of all income, expenses, and distributions
- Issues the order closing the estate — formally discharges the personal representative from their duties
The Alabama Probate Court Timeline
1
File the Petition (Week 1–2)
The personal representative or their attorney files a petition to open the estate, along with the original will (if one exists) and the death certificate. The court issues Letters Testamentary or Letters of Administration.
2
Publish Creditor Notice (Weeks 2–4)
Alabama law requires the personal representative to publish a notice to creditors in a local newspaper once a week for three consecutive weeks. The six-month creditor claim period begins from the first publication date.
3
File the Inventory (Within 2 Months)
A complete inventory of all estate assets — with estimated values — must be filed with the probate court within two months of the personal representative's appointment.
4
Administer the Estate (Months 1–6+)
Gather assets, evaluate creditor claims, pay valid debts in priority order, handle real estate transfers, file tax returns, and manage estate accounts throughout the administration period.
5
File Final Accounting and Close (Month 6+)
After the creditor claim period expires and all administration is complete, file the final accounting with the court, distribute assets to heirs, and petition the court to close the estate and discharge the personal representative.
Navigating Alabama probate court and not sure where to start?
Call Colvin & Sawyer Law Offices at (205) 202-9801 or send us a message. We represent families in Jefferson County, Shelby County, and across Alabama.What Probate Court Cannot Do
It is worth understanding what falls outside the probate court's reach. The following assets generally do not go through Alabama probate court:
- Life insurance policies with a named beneficiary
- Retirement accounts (IRAs, 401ks) with a named beneficiary
- Bank accounts with a payable-on-death (POD) designation
- Property held in joint tenancy with right of survivorship
- Assets held in a properly funded revocable living trust
This is why estate planning — including proper beneficiary designations and a funded living trust — can dramatically reduce the scope of probate or eliminate it entirely. See: How to Avoid Probate in Alabama and Revocable Living Trusts.
Alabama Small Estate: Skipping Probate Court Altogether
If the gross estate value (excluding real property) falls below Alabama's small estate threshold — approximately $47,000 after the 2025 law change — the family may be able to use summary distribution to transfer assets without full probate court proceedings. See: Alabama Small Estate Law 2025.
Alabama Probate Court: Key Facts
- Which court: County probate court where the deceased lived
- Birmingham area: Jefferson County or Shelby County Probate Court
- Minimum timeline: 6 months (mandatory creditor period)
- Typical timeline: 6–12 months for straightforward estates
- Complex estates: 1–3 years or more
- Filing fee: Typically $200–$500 depending on county
- Inventory deadline: Within 2 months of appointment
- Small estate threshold: ~$47,000 (2025, excluding real property)
Frequently Asked Questions
Which probate court handles my case in Alabama?
Alabama probate cases are filed in the probate court of the county where the deceased person lived at the time of death. For most Birmingham-area families this is Jefferson County Probate Court or Shelby County Probate Court.
How long does Alabama probate court take?
Alabama probate takes a minimum of six months due to the mandatory creditor claim period. Simple estates typically close in six to twelve months. Complex estates can take one to three years or more.
Do I have to go to probate court in person in Alabama?
In most Alabama probate cases, the personal representative or their attorney handles the court filings and appearances. Many routine filings can be handled without the personal representative appearing in court, though hearings may be required for contested matters or closing the estate.
Can I avoid Alabama probate court entirely?
Yes — with proper planning. A fully funded revocable living trust bypasses probate court entirely for assets held in the trust. Proper beneficiary designations on life insurance and retirement accounts also keep those assets out of probate. For small estates, Alabama's summary distribution procedure may apply.
Christopher Colvin
Christopher Colvin is an Alabama attorney and honor graduate of the Birmingham School of Law. A former small business owner and pastor, he helps families and entrepreneurs across Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama protect their assets and build legally sound businesses.
Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Alabama laws are subject to change. Please consult a qualified Alabama attorney before taking action. Reading this article does not create an attorney-client relationship with Colvin & Sawyer Law Offices.
Need to Navigate Alabama Probate Court? We'll Guide You Through It.
Christopher Colvin and Valerie Sawyer represent families across Birmingham, Mountain Brook, Hoover, and all of Alabama through every stage of the probate court process.
Schedule a Consultation Call (205) 202-98014 Office Park Circle, Suite 305, Mountain Brook, AL 35223
Serving Birmingham, Mountain Brook, Hoover, Vestavia Hills, and all of Alabama.