Is there a way to avoid probate appointment in Alabama?

Yes. A revocable living trust passes assets to beneficiaries without any court appointment — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

How Do I Get Appointed as Executor in Alabama?

See the appointing court, the petition that opens the estate, what to file, and bond rules to be appointed in your state.

Got the Letters? Run the whole estate from here.

State

Document Type

Getting Appointed in Alabama

Personal representative (executor if testate, administrator if intestate)

Where you file

Probate Court of the county where the decedent was domiciled (elected judge of probate; general and original jurisdiction over administration of estates)

The form that opens the estate

No statewide fill-in form · Attorney-drafted pleadingStart this petition for Alabama — we pre-fill it with your information. You review, sign, and file it with the court.

What the court issues (with a will)

Letters Testamentaryissued by Judge of probate, after the will is admitted to probate (testate) or the petition for administration is granted (intestate)

Letters are an output — the court issues them after granting the petition.

At a glance

UPC adoptedInformal trackE-filingSelf-represented filingLocal/county forms

AlaFile (efile.alacourt.gov) is the statewide e-filing system but is centered on circuit/district courts; because each county probate court is a separate elected office, probate e-filing availability varies by county and many still accept paper. Pro se filers are permitted — AlaFile offers "Pro Se Individual" and "Pro Se Business" account types.

Alabama has no statewide fillable AOC estate petition or letters form. Each elected county probate court accepts a sworn petition drafted to statute; some counties publish their own local petition packets and cover sheets, and the AOC E-Forms site has a separate "Local County Forms" category. The judge of probate produces the Letters locally after granting the petition.

Bond

Required before Letters: Yes
Waivable by will: Yes
Waivable by beneficiaries: No

What to file with the petition

Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate
Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issue
Certified copy of the death certificate
Bond, unless waived by an express provision in the will (Ala. Code § 43-2-851)
Renunciation / waiver by persons with prior or equal right to serve, where applicable (e.g. spouse, next of kin)
Notice of appointment: published once a week for three successive weeks (within 30 days of the grant of letters) and mailed to known or reasonably ascertainable creditors (within six months of the grant of letters)

Small-estate alternative

Bypasses full Letters: Yes
Form name: Petition for Summary Distribution (Small Estates Act)

State-specific notes

Testate: the will is first admitted to probate, then letters testamentary issue to the named executor; if a named executor renounces or fails to apply within 30 days after probate, letters go to the other named executors, then to the residuary/principal legatee with the will annexed (§§ 43-2-20, 43-2-26, 43-2-27). Intestate: letters of administration issue in statutory priority — the husband or widow, then the next of kin entitled to share in the distribution, then the largest creditor of the estate residing in Alabama, then any other person the judge of probate appoints (in counties of 400,000+ or with an elected general/county administrator, that administrator ranks fourth) — and a person with prior right who does not apply within 40 days after the death is known is held to have relinquished it (§§ 43-2-42, 43-2-43(b)). No letters of administration may be granted until 5 days after the death is known (§ 43-2-45). A nonresident cannot serve as administrator unless already the executor or administrator of the same estate duly qualified in another jurisdiction (§ 43-2-22(a)), but a nonresident may serve as executor (§ 43-2-191). Act 2025-431 rewrote the Small Estates Act: summary distribution (§§ 43-2-690 to 43-2-694) reaches only a decedent who owned NO real property at death, and the cap is no longer a flat figure — the "small estate amount" is the sum of the homestead allowance (§ 43-8-110), exempt property (§ 43-8-111), and the family allowance (§§ 43-8-112, 43-8-113) as CPI-adjusted every three years by the State Treasurer under § 43-8-116.

A revocable living trust passes assets to your family without this court appointment process — no petition, no Letters, no bond.

Create a Revocable Trust in 15 minutes

This tool provides general information about how a personal representative is appointed and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.Data verified 2026-07-15

Frequently Asked Questions

Alabama has no single statewide fill-in petition; the opening document is prepared to statute and filed with the Probate Court of the county where the decedent was domiciled (elected judge of probate; general and original jurisdiction over administration of estates). After the court grants the petition, Judge of probate, after the will is admitted to probate (testate) or the petition for administration is granted (intestate) issues your Letters Testamentary (with a will) or Letters of Administration (without a will).

Along with the petition, Alabama generally requires: Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate; Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issue; Certified copy of the death certificate; Bond, unless waived by an express provision in the will (Ala. Code § 43-2-851); Renunciation / waiver by persons with prior or equal right to serve, where applicable (e.g. spouse, next of kin); Notice of appointment: published once a week for three successive weeks (within 30 days of the grant of letters) and mailed to known or reasonably ascertainable creditors (within six months of the grant of letters).

Yes. Alabama requires a bond by default before Letters issue. A will can waive it.

Alabama permits self-represented filers to open an estate. E-filing is available. The Self-File Probate Assessment compares self-filing and attorney costs for Alabama.

Yes. A revocable living trust passes assets to beneficiaries without any court appointment in Alabama — no petition, no Letters, no bond. A revocable trust built with SimplyTrust takes about 15 minutes.

Getting Appointed in Alabama

In Alabama, a personal representative is appointed by the Probate Court of the county where the decedent was domiciled (elected judge of probate; general and original jurisdiction over administration of estates). Judge of probate, after the will is admitted to probate (testate) or the petition for administration is granted (intestate) issues the Letters that prove authority over the estate — Letters Testamentary when there is a will, Letters of Administration when there is not. Alabama's Uniform Probate Code adoption status: No.

Alabama publishes no single statewide fill-in petition; the opening document is prepared to statute and filed with the court. The court filing fee runs $45, and an informal appointment track for qualifying estates is available: No.

A bond is required by default before Letters issue in Alabama, though a will can waive it.

Estates under $47,000 in Alabama may qualify for a simplified procedure that avoids a full appointment entirely. See the self-file probate assessment for a Alabama cost comparison.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Alabama statutes and official state code. How we research.

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Alabama Estate Planning Resources

In-depth guides covering Alabama probate laws, trust requirements, and estate planning strategies.

How Do I Get Appointed as Executor in Alabama?

Getting Appointed in AlabamaAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Jul 15, 2026View source

At a glance

BondAla. Code § 43-2-851Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Frequently Asked Questions

Is this your situation?

Named as Executor

Your kids shouldn't have to do this.

Alabama Estate Planning Resources

Getting Appointed in AlabamaAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Jul 15, 2026View source

At a glance

BondAla. Code § 43-2-851Verified Jul 15, 2026View source

What to file with the petition

Small-estate alternative

State-specific notes

Is this your situation?

Named as Executor

Getting Appointed in Alabama

Bond

Getting Appointed in Alabama

Bond