Probate | Alabama
Colvin & Sawyer Law Offices is here to help you navigate legal challenges with confidence. Planning for tomorrow. Protecting what matters today.
- Mail:4 Office Park Circle
Suite 305
Mountain Brook, AL 35223 - Call:(205) 202-9801
- Email:christopher@colvinlawgroup.com
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.
Quick answer: Probate in Alabama is filed in the probate court of the county where the deceased person lived at the time of death. Birmingham-area estates go through Jefferson County Probate Court (Birmingham or Bessemer Division, depending on where in the county they lived) or Shelby County Probate Court. The process runs from opening the estate and appointing a personal representative through creditor notice, inventory, paying valid debts, and distributing what remains, and takes a minimum of about six months.
"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, through two divisions (see below)
- 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.
One detail unique to Jefferson County: it is the only Alabama county with two probate divisions, the Birmingham Division and the Bessemer Division (the "Bessemer Cutoff"). Which division handles the estate depends on where in the county the deceased lived. Residents of Bessemer, Hueytown, Pleasant Grove, McCalla, and other Cutoff communities file in the Bessemer Division; the rest of the county files in Birmingham. Filing in the wrong division adds delay to a process that already has a six-month floor, so confirm the division before you file.
Where do I file probate in Alabama? If the deceased lived in:
| If the deceased lived in | File in |
|---|---|
| Birmingham, Mountain Brook, Homewood, Vestavia Hills | Jefferson County Probate Court, Birmingham Division 716 Richard Arrington Jr. Blvd N, Birmingham, AL 35203 |
| Bessemer, Hueytown, Pleasant Grove, McCalla (the Bessemer Cutoff) | Jefferson County Probate Court, Bessemer Division 1801 3rd Avenue N, Bessemer, AL 35020 |
| Hoover (Shelby portions), Alabaster, Pelham, Helena, Chelsea | Shelby County Probate Court Columbiana, AL |
| Anywhere else in Alabama | The probate court of 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: For hands-on help with any of these steps, see our probate practice.
- 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 claim deadlines
- 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
Not sure which Alabama probate court handles the estate? Tell us where your loved one lived and what they left behind, and we will point you to the right court and the next steps.
Talk to attorney Valerie Sawyer's team: (205) 202-9801 or visit our Alabama probate services page.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. Under Alabama Code Section 43-2-350, claims must generally be presented within six months after letters are granted, or five months after first publication, whichever is later, and creditors entitled to actual notice must be allowed 30 days after receiving it.
3
File the Inventory (Within 2 Months)
A complete inventory of all estate assets — with estimated values — must generally be filed with the probate court within two months of the personal representative's appointment (Alabama Code Section 43-2-835). If the will expressly exempts the personal representative from filing an inventory, no filing is required unless the court orders one to protect the estate.
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 for 2026 under the Revised Alabama Small Estates Act (effective October 1, 2025, and adjusted for inflation each March 1), the family may be able to use summary distribution to transfer assets without full probate court proceedings. See: Alabama Small Estate Affidavit: Who Qualifies + How to File.
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: About 6 months (creditor claim period)
- Typical timeline: 6–12 months for straightforward estates
- Complex estates: 1–3 years or more
- Court costs: Vary by county and filing type, plus publication, recording, bond, and service fees. See: current Alabama probate costs and fees
- Inventory deadline: Within 2 months of appointment (unless the will waives filing)
- Small estate threshold: ~$47,000 (2026, excluding real property; adjusted each March 1)
Do You Need an Attorney for Alabama Probate?
Alabama does not require an attorney to open an estate, and a straightforward estate with one heir, no real property complications, and cooperative family members can sometimes be handled without one. In practice, most families hire counsel when the estate includes real estate, multiple heirs, creditor issues, a business, unclear titles, or any disagreement, because the personal representative is personally responsible for getting the deadlines, notices, and distributions right. The honest test: if you are confident you can meet every statutory deadline above and nobody involved is likely to object to anything, you may manage; if any of that is uncertain, the cost of counsel is usually small next to the cost of redoing it. For the full breakdown: Do I Need a Probate Attorney in Alabama?
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.
Do I need an attorney to probate a will in Alabama?
Not legally, but most families use one when the estate includes real estate, multiple heirs, or any potential disagreement, because the personal representative is personally responsible for meeting every deadline. See: Do I Need a Probate Attorney in Alabama?
What assets do not go through probate court in Alabama?
Assets in a funded living trust, jointly owned property with survivorship rights, and accounts with beneficiary designations (life insurance, retirement accounts, POD/TOD accounts) pass outside probate. See: How to Avoid Probate in Alabama
What happens in probate court if someone dies without a will?
The court appoints an administrator and Alabama's intestacy statutes decide who inherits, in a fixed order that starts with the spouse and children. See: Dying Without a Will in Alabama
Who pays the court costs and attorney fees in Alabama probate?
Probate costs and reasonable attorney fees are generally paid from the estate as administration expenses, before distributions to heirs, not out of the personal representative's own pocket. See: Alabama Probate Costs and Fees
What should you do first after someone dies in Alabama?
Secure the property, locate the will, order death certificates, and avoid paying estate debts from personal funds. The court process starts with filing a petition in the county of residence. See: The Alabama Probate Process, Step by Step
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.
Valerie Sawyer
Valerie A. Sawyer is a dedicated attorney and partner at Colvin & Sawyer Law Offices, where she focuses her practice on estate planning and probate law. Before beginning her legal career, Valerie served as a volunteer with the Civil Air Patrol, where she held key leadership positions including Squadron Commander and Alabama Wing Director of Recruiting and Retention. Valerie also worked as a special education teacher, developing the empathy, clarity, and problem-solving skills that now make her an exceptional guide for families navigating end-of-life planning, wills, and the probate process. A passionate advocate for veterans, Valerie remains active in volunteer efforts with veterans’ organizations across Alabama.
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.