From the executor's appointment to closing the estate, probate of an Alabama will takes at least six months, because creditors have that long to file claims. In our experience, most estates with a will in Madison County close in about six months to a year, depending on how complex they are. Selling a house or a business interest, waiting on tax returns or resolving a family dispute can stretch it longer.
If you have been named executor in a loved one's will, here is how the time breaks down.
The Alabama probate timeline, stage by stage
Filing. The executor files the will and a petition for letters testamentary, usually in the probate court of the county where the person had a permanent home at death. When it happens: promptly; an Alabama resident's will must be filed within five years.
Letters. The court admits the will and issues letters testamentary, which give the executor authority to act. When the next of kin all consent, there is usually no hearing. When it happens: in Madison County, often a couple of weeks with everyone's consent, depending on the court's workload; two to three months if a hearing is needed.
Notice to creditors and Medicaid. Notice to creditors is published once a week for three weeks, starting within 30 days after letters. Creditors the executor knows about, or can reasonably find within six months after letters, get direct notice as soon as practicable. The executor also notifies the Alabama Medicaid Agency (Ala. Code § 43-2-60, § 43-2-61, § 43-2-697). When it happens: publication starts within 30 days; direct notice as creditors are identified.
Inventory. The executor files an inventory within two months after appointment, unless the will expressly excuses filing it. The court can still require one if the estate is likely to be wasted (§ 43-2-835). When it happens: within two months.
Claims period. Claims are generally due by the later of six months after letters or five months after the first published notice. A creditor entitled to direct notice has at least 30 days after it (§ 43-2-350). When it happens: six months or longer.
Sales, taxes and claims. Real estate sales, any required final income tax returns and estate returns, and payment of valid claims. When it happens: often overlaps the claims period.
Final settlement. 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). The executor accounts for the estate and distributes the property. When it happens: after six months from letters, once ready.
How long do you have to probate a will in Alabama?
Five years, if the person lived in Alabama. An Alabama resident's will generally has no effect unless it is filed for probate within five years after the death (§ 43-8-161), and the property then passes as if there were no will. Different rules can apply to a will already probated in another state where the person lived.
Waiting is rarely a good idea, even within the five years. Until letters are issued, no one can fully administer the estate, and the ordinary claims period has not started.
What makes probate take longer
Selling a house or other real estate, especially when it needs court approval.
A family business, which has to keep running while ownership passes.
Property in another state, which may need a separate probate there.
Tax returns, including the estate's income tax returns and, for a large estate, a federal estate tax return due nine months after death.
Missing or out-of-state beneficiaries, or an executor who lives elsewhere.
A will contest, which has its own procedures and deadlines.
For the costs, see how much it costs to probate a will in Alabama.
Questions about probate timing
Can an Alabama estate close in less than six months? Not with a full administration. The six-month claims period has to run first. Alabama does have a shorter procedure for some small estates without real estate; it is not covered here.
When do beneficiaries receive their shares? Usually after the claims period ends, the debts and taxes are paid, and the executor accounts for the estate. Distributions also have to wait at least 30 days after the Alabama Medicaid Agency receives the executor's notice. An executor who distributes too early can be personally liable for debts that are still owed.
Does a living trust go through probate? Property that a living trust actually owns does not. Property left in the person's own name usually does, often under a pour-over will. How to avoid probate in Alabama explains how a funded trust works.
What happens if no one probates the will? No one has authority to administer the estate. If the person lived in Alabama, after five years the will generally has no effect, and the property passes as if there were no will.
Talk with a Huntsville probate lawyer
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 can give you a realistic timeline for the estate. More on our probate work for executors, or see what an executor does, step by step.
If you are planning your own estate, Sarah S. Shepard can help you choose an executor and decide whether a living trust makes sense.
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.