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
An Alabama will is offered for probate in the county Probate Court, generally in the county of the decedent's domicile, and must be offered within five years of death (Ala. Code 43-8-161). This template does not model a fixed day count for delivering the will to the court. Verify custodian obligations and timing with the court. (Ala. Code 43-8-161)
Creditor claim window
Creditors generally have 6 months from grant of letters to bring claims against the estate. (Ala. Code 43-2-350; 43-2-60; 43-2-61; 43-2-62)
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 estates. It requires a verified petition, notice published once a week for two successive weeks in a county newspaper, and proof of notice to the Alabama Medicaid Agency; the probate court cannot enter the order until the statutory waiting period after filing has run. Verify eligibility and the current dollar threshold with the 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 the summary distribution order until at least 30 days after the notice of filing is published (or posted at the courthouse for one week where there is no newspaper of general circulation) and at least 30 days after the Alabama Medicaid Agency receives notice (Ala. Code 43-2-692(c)-(d)).
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).
The personal representative petitions the Lowndes County Probate Court for letters testamentary (with a will) or letters of administration (without a will), and administers the estate under the Alabama Probate Code (Title 43). Attorney need depends on disputes, real estate, insolvency, tax issues, minors, and county practice. Verify bond, inventory, and notice 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
Lowndes County Probate Office can help you understand forms and filing requirements at no cost.
Visit Self-Help Center