If you are named executor in an Alabama will, the probate court must appoint you before you can administer the estate. In Alabama the executor is called the personal representative, and the court's appointment comes as letters testamentary. Here is the order of the work, from the first filing to closing the estate.
Does a will have to be probated in Alabama?
Yes, for the executor to act and for property that passes under the will. If the person lived in Alabama, the will must be filed for probate within five years of the death or it generally has no effect (Ala. Code § 43-8-161). Property that passes outside the will, such as accounts with a named beneficiary or property in a living trust, does not go through probate. How long probate takes explains the timing.
How to probate a will in Alabama, step by step
Find the original will. Start with the signed original. If you cannot find it, tell your lawyer before anything is filed.
File in the right county. The will is usually filed in the probate court of the county where the person had a permanent home at death. For most of Huntsville, that is the Madison County Probate Court. If your loved one lived in Limestone, Morgan, Marshall or Jackson County, the will is usually filed there. Different rules apply when the person lived outside Alabama.
Petition for letters testamentary. The petition asks the court to admit the will and appoint you. If the will has a valid self-proving affidavit, the witnesses usually do not have to testify.
Bond. You post a bond unless the will waives it. Even then, the court can require one.
Letters, tax ID and estate account. Once letters issue, get a federal tax ID number for the estate and open an estate account. Estate money never goes into your own account.
Disability parking placard. If your loved one held a disability parking placard, notify the local licensing official at the time of probate or within 90 days after the death, whichever comes first. This duty is new as of October 1, 2026.
Notice to creditors and to Medicaid. Within 30 days after letters, the notice to creditors starts running in a local newspaper, once a week for three weeks. Creditors you know about, or can reasonably find within six months after letters, get direct notice as soon as practicable after you identify them (§ 43-2-60, § 43-2-61).
You also notify the Alabama Medicaid Agency and file proof of that notice with the probate court. Distributions, and payment of some debts, must wait until that proof is filed and 30 days have passed after the agency receives the notice (§ 43-2-697).
Inventory. Within two months after appointment, file an inventory of the estate's property and its value at death, unless the will expressly excuses filing it. Even then, the court can require one if the estate is likely to be wasted (§ 43-2-835).
The claims period. Creditors generally have until the later of six months after letters or five months after the first published notice to file claims. A creditor entitled to direct notice has at least 30 days after it. Late claims are generally barred, though a mortgage or other lien on estate property may still have to be paid to protect the property (§ 43-2-350).
Selling property. Real estate can be sold only with the authority to do it: a power of sale in the will or a court order. See how to sell a house in probate in Alabama.
Taxes. File the person's final income tax returns and the estate's income tax returns when they are required. File a federal estate tax return if one is required, or if a surviving spouse wants to keep the unused federal exclusion (an election called portability). Alabama does not currently collect an estate tax.
Accounting, distribution and closing. Pay valid claims in the order Alabama law sets, account for the estate, and distribute what remains as the will directs. The estate can be settled after six months from letters, once the debts are paid and the estate is otherwise ready to close (§ 43-2-501). If the will sends property into a trust, coordinate the estate's distributions with the trustee's trust administration.
What an executor is personally responsible for
An executor who pays claims in the wrong order, mixes estate money with personal funds, or distributes before the debts are paid can be held personally liable for the loss. To reduce that risk, keep separate records of every dollar, give the required notices, and wait for the claims period before distributing.
Can an executor be paid in Alabama?
Yes. Alabama allows an executor reasonable compensation, generally capped at 2.5 percent of the property received and 2.5 percent of the money paid out, plus more for extraordinary services the court allows (§ 43-2-848). Many family executors serve without pay. More on executor fees and other probate costs in Alabama.
Serving as executor from another state
An executor named in the will can usually serve from another state on the same terms as an Alabama resident (§ 43-2-191). The court filings, real estate and banks can be handled by a Huntsville probate lawyer while you serve from where you live. If the will was probated in the state where your loved one lived, see ancillary probate in Alabama.
"Executing" a will means something else, too
After a death, "executing the will" means carrying it out, as described above. Before a death, it means signing the will correctly. For that meaning, see the right way to execute a last will and testament.
Choosing an executor for your own will?
The duties above are the reason to choose carefully. Sarah S. Shepard can help you plan your estate, decide who should serve and make the job easier for them.
Talk with a Huntsville probate lawyer
If you have been named executor in a loved one's will, schedule a consultation with Ty Shepard. He handles probate for executors in Huntsville and North Alabama and will walk you through opening the estate.
Ty Shepard is a probate and trust administration attorney at Sparkman, Shepard & Shepard, LLC in Huntsville, admitted to the Alabama State Bar in 2012, with an LL.M. in Taxation. He represents executors named in a will and advises successor trustees in Huntsville and North Alabama. More about Ty Shepard.