1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingAlabama Center for Health Statistics
Office info
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
Legal duties
Deposit the Will
Alabama does not set a fixed numeric day count for delivering a will in this template, but a will is not effective unless filed for probate within five years of the testator's death (Ala. Code 43-8-161). Wills are offered for probate with the county Judge of Probate. Verify custodian obligations and timing with the probate office. (Ala. Code 43-8-161)
Creditor claim window
Creditors generally have 6 months from grant of letters (or five months from first publication of notice to creditors, whichever is later) to bring claims against the estate. (Ala. Code 43-2-350)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Alabama small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Alabama summary distribution is a court-filed small-estate process for qualifying personal-property-only estates when the statutory conditions are met, filed with the county probate court.
- Qualifies:
- Small estate amount under the Revised Alabama Small Estates Act (Ala. Code 43-2-691(7), Act 2025-431) is the combined homestead allowance, exempt property, and family allowance, computed at $47,000 for claims on or after April 1, 2024; verify the current amount with the probate office and recheck after the July 1, 2026 CPI adjustment.
- Typical duration:
- The probate court cannot enter summary distribution until at least 30 days after required publication and Medicaid notice timing.
Alabama has no out-of-court small estate affidavit for general personal property. Holders of a decedent's property release it either to a personal representative holding letters or to the persons named in the probate court's order of summary distribution (Ala. Code 43-2-692 through 43-2-694).
Alabama estate administration through the Cullman County Probate Court when a personal representative is needed. The Judge of Probate grants letters testamentary (with a will) or letters of administration (without a will); the personal representative then inventories assets, handles creditor claims, and settles the estate. Verify bond, inventory, and settlement requirements with the court.
- Qualifies:
- Larger estates, or when no simplified option fits
- Attorney:
- not required by law, though many families use one
Attorney need depends on disputes, real estate, insolvency, tax issues, minors, and county practice.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Cullman County Probate Office can help you understand forms and filing requirements at no cost.
Visit Self-Help Center