Navigating the Probate Process in Alabama: A Step-by-Step Overview

When a loved one passes away, the last thing their surviving family members want to do is track down their assets and navigate the probate process. Unfortunately, in many cases, probate is necessary for family members to access bank accounts, pay bills, settle debts, and distribute their loved one’s assets.

Probate is required when a decedent (the person who passed away) owns assets that do not have a clear owner after death, these are called probate assets. Probate assets are any real or personal property that were not jointly owned with rights of survivorship, owned by a trust, or did not have a beneficiary or payable on death designation. These assets must be distributed by the probate court according to the decedent’s will or Alabama’s default distribution plan. One common misconception is that a will avoids probate, but that is not correct. A will only changes Alabama’s default plan for the distribution of your assets.

If the value of the decedent’s probate estate is less than $37,075 (this is the amount for 2025, and it increases slightly each year on March 1st) and does not include real property, the beneficiaries can bypass formal probate by filing a Petition for Summary Distribution. This process is typically quicker and less expensive than the formal probate process, though the beneficiaries will still be required to settle all debts of the decedent’s estate.

On the other hand, if the decedent’s probate estate includes real property or is valued over $37,075, the beneficiaries will need to go through Alabama’s formal estate process. In these cases, it is advisable to hire an attorney to manage the process and avoid costly mistakes.

The first step is for the beneficiaries to determine whether the decedent had a will. If the decedent left a will, then the beneficiaries need to find the original. If only a copy is found, a process must be followed to prove the lost will. If no will exists, the decedent’s assets will be distributed according to Alabama's default plan.

Next, the beneficiaries need to identify all of the decedent’s known assets and determine which ones are subject to probate. They also must identify any known debts of the estate.

Once the assets and debts are determined, one of the beneficiaries will file a Petition with the probate court (in the county where the decedent lived or owned property) to appoint a personal representative. This personal representative will manage the estate, including filing necessary forms, paying bills, filing taxes, and distributing assets (with court approval).

The personal representative will also request Letters Testamentary (if there is a will) or Letters of Administration (if there is not a will). These letters grant the personal representative the authority to notify creditors and family members, settle debts, and distribute estate assets (with court approval). Once Notice is published, creditors have six months to file claims.

In some cases, the personal representative will be required to post a bond with the court. If the decedent waived this requirement in their will, no bond will be required. The personal representative must file an Inventory of the estate’s assets within two months of their appointment.

Once all creditors are notified, debts are settled, taxes are paid, and the assets are identified, the personal representative can distribute the estate’s assets (with court approval) and close the estate. The probate process can be lengthy and costly, because of attorney fees, personal representative fees, filing costs, publication fees, and potential bond costs for the personal representative.

If this process seems complicated and overwhelming, there are alternatives. By planning ahead, you can avoid probate for your family. At Provident Law / Estate Planning LLC, we work with individuals and families to create estate plans that meet their needs. If avoiding probate is a goal, we ensure that assets are jointly owned with rights of survivorship, have valid beneficiary or payable on death designations, or are owned by a trust. By implementing these strategies, there will be no assets without a clear owner when the decedent passes. Since probate can be triggered by even one asset without an owner, it is crucial to regularly review your estate plan to ensure that all newly acquired assets will avoid probate.

Your Next Step

As you move forward with your estate planning, we invite you to contact our team at Provident Law / Estate Planning LLC. We are here to guide you through the process, ensuring your plan is tailored to your unique needs and goals. Whether you are creating a will, establishing a trust, planning for incapacity, or reviewing existing documents, we are here to provide the personalized guidance you need. Reach out today to schedule a consultation and take the next step to give your family peace of mind.

About the Author

Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.

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