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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

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Probate in Alabama

What Alabama’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Alabama.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

The probate court’s jurisdiction, and the probate of wills

(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section

(1) The probate of wills.

Alabama · general information · checked October 24, 2026 · Code of Ala. §12-13-1(a), (b)(1)

How long after a death a will can still be filed for probate

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-8-161

When a creditor must present a claim, and where it is filed

must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur

if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited

Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-2-350(b)

The notice to the Medicaid Agency, and when its claim is waived

(a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall give notice of his or her appointment, or the filing of a petition in accordance with Section 43-2-692, to the Medicaid Agency.

The claim is waived if the agency has not delivered its response to the probate court within 30 days of receipt of the notice.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-2-697(a), (e)

The fee to probate a will, with the copies of letters it includes, and each additional copy

(1) Probate of will of not more than five pages, whether contested or not, with three certified copies of letters and including final settlement when not more than 10 pages.

$45.00

(5) Each additional certified copy of letters testamentary, letters of administration, or letters of guardianship or conservatorship ..... 3.00

Alabama · general information · checked October 24, 2026 · Code of Ala. §12-19-90(a)(1), (5)

What the person holding the will must do, and the liability for not doing it

After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-8-270

Depositing a will with the Baldwin County Probate Court, and the fee

(a) Any testator who resides in Baldwin County may deposit his or her will with the Baldwin County Probate Court.

(f) The Judge of Probate of Baldwin County may collect a filing fee not to exceed twenty-five dollars ($25) for each will filed for safekeeping.

Alabama · general information · checked October 24, 2026 · Code of Ala. §45-2-83.40(a), (f)

The same page for other states

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FAQ

Common questions

(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section

(1) The probate of wills.

Alabama · general information · checked October 24, 2026 · Code of Ala. §12-13-1(a), (b)(1)

Wills shall not be effective unless filed for probate within five years from the date of the death of the testator.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-8-161

(1) Probate of will of not more than five pages, whether contested or not, with three certified copies of letters and including final settlement when not more than 10 pages.

$45.00

(5) Each additional certified copy of letters testamentary, letters of administration, or letters of guardianship or conservatorship ..... 3.00

Alabama · general information · checked October 24, 2026 · Code of Ala. §12-19-90(a)(1), (5)

must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur

if not presented within that time, they are forever barred and the payment or allowance thereof is prohibited

Presentation must be made by filing a verified claim or verified statement thereof in the office of the judge of probate of the county in which the letters are granted.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-2-350(b)

(a) The personal representative, or person filing to initiate a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article, shall give notice of his or her appointment, or the filing of a petition in accordance with Section 43-2-692, to the Medicaid Agency.

The claim is waived if the agency has not delivered its response to the probate court within 30 days of receipt of the notice.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-2-697(a), (e)

After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who wilfully fails to deliver a will is liable to any person aggrieved for the damages which may be sustained by the failure.

Alabama · general information · checked October 24, 2026 · Code of Ala. §43-8-270

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