Can You Self-File Probate in Madison County, Alabama?
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing. In Madison County, the petition is filed at the Madison County Probate Court.
Yes. Self-filing in Madison County works best for a straightforward estate with a clear will and few beneficiaries. The estate settlement plan tracks each Madison County filing step alongside the estate's accounts and deadlines.
File at the Probate Court, 1918 North Memorial Parkway, Huntsville, AL 35801. Phone: 1-256-532-3330. Hours: Monday-Friday 8:30 AM-4:30 PM.
The Alabama court filing fee is $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source, and publication of the creditor notice is a separate cost set by the newspaper. Alabama requires a bond of the personal representative by defaultAla. Code § 43-2-851Verified Sep 8, 2026View source, so a bond premium is a cost too unless the will or the heirs waive it. The filing fee is a fraction of what probate costs with counsel: attorney fees are the largest line, and self-filing removes that line while court costs, publication and executor compensation stay the same.
A simple estate in Alabama typically takes 6 months to 12 months. The creditor claim period of 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Self-filed probate takes the same time as attorney-filed probate; the court's calendar, not the filer, sets the pace.
In Alabama, estates with personal property of $47,000Ala. Code § 43-2-696.02Verified Sep 8, 2026View source or less qualify for the Summary DistributionAla. Code § 43-2-696.02Verified Sep 8, 2026View source, 30 daysAla. Code § 43-2-696.02Verified Sep 8, 2026View source after death, a court procedure short of full probate. Alabama's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. It is the simplest probate-related filing to handle without an attorney.
Self-File Probate Assessment in Nearby Counties
- More Alabama counties: Macon County (Tuskegee) · Marengo County (Linden)
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Forms for Settling an Estate in Alabama
Free forms for settling an estate in Alabama: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Alabama.
Petition for Probate and Letters
In Alabama, the petition asks the Probate Court of the county where the decedent was domiciled to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the courtAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source.
Notice to Creditors
In Alabama, the notice to creditors is published for 3Ala. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source from the personal representative's appointment to present claims.
Renunciation of Executor
In Alabama, a person named as executor may renounce the right to serveAla. Code § 43-2-25Verified Sep 22, 2026View source before anyone is appointed.
Estate Inventory
In Alabama, the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment.
Estate Closing
In Alabama, the personal representative is discharged by court orderAla. Code §§ 43-2-628, 43-2-516Verified Sep 15, 2026View source, and a final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Tools for Settling an Estate in Alabama
Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Alabama.
How Much Can an Executor Charge?
Alabama pays executors reasonable compensationAla. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
How Do I Get Letters Testamentary?
In Alabama, the Judge of probate issues Letters Testamentary or Letters of Administration once the Probate Court of the county where the decedent was domiciled appoints the personal representative; every appointment goes through the courtAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source.
What Are the Creditor Claim Deadlines?
In Alabama, creditors have 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source from the personal representative's appointment to present claims; late claims are barred.
What Happens When an Estate Is Insolvent?
When an estate owes more than it holds, Alabama pays the claims in 6Ala. Code § 43-2-371Verified Sep 23, 2026View source classes in statutory order, beginning with funeral expenses.
How Do I Claim a Deceased Person's Unclaimed Property?
In Alabama, a deceased owner's unclaimed property is claimed from the Alabama State Treasurer, Unclaimed Property DivisionCode of Ala. 1975, Title 35, Chapter 12 (Uniform Disposition of Unclaimed Property Act of 2004); §§ 35-12-83, 35-12-84Verified Aug 24, 2026View source. A probate-appointed executor or administrator files on behalf of the estate under that appointment, with Letters Testamentary or Letters of AdministrationClaiming Property FAQ (Alabama Unclaimed Property)Verified Aug 24, 2026View source.
How Do I Open an Estate Account When Someone Dies?
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
What Social Security Survivor Benefits Can I Get?
Which Social Security survivor benefit a spouse, former spouse, child or parent can get, what share it pays, and the lump-sum death payment.
What Is the Estate's Personal Property Worth for Probate?
In Alabama, the personal representative lists the estate's personal property at its fair market value as of the date of deathAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source, on the inventory filed within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of the appointment.
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Alabama Estate Settlement Resources
In-depth guides covering Alabama probate, estate administration, and settling an estate.