Alabama Probate Deadlines: What to File and When

There's no fast track through Alabama's creditor window — the deadline is set by whichever date lands later, so the 6-month floor from Letters is essentially unavoidable.

Ala. Code Title 43, Chapter 2

Quick answer: the deadline that shapes the whole schedule is whichever of two dates arrives later — 6 months from the grant of Letters, or 5 months from the first publication of notice. See the full Alabama probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineAlabama ruleStatute
Will filed for probateWithin 5 years of deathAla. Code § 43-8-161
Notice to creditors publishedOnce a week, court-set scheduleAla. Code § 43-2-61
Creditor claim deadlineLater of 6 months from Letters or 5 months from first publication§ 43-2-350
Actual-notice creditor minimum30 days after notice§ 43-2-350(b)
Final settlement earliest6 months from grant of LettersAla. Code § 43-2-501
Will contest after probate6 months, in circuit courtAla. Code § 43-8-199

The "later of" rule — and why it doesn't reward speed

Worth understanding clearly: under § 43-2-350, claims are barred unless presented within 6 months after the grant of Letters, or 5 months from the first publication of notice, whichever is later. Since 6 months from Letters will almost always be later than 5 months from a prompt publication, publishing the notice quickly generally does not shorten the effective window the way it can in a state that uses the earlier-of rule instead. The 6-month mark from Letters functions as the practical floor for most estates.

A separate 30-day floor for known creditors

Any creditor entitled to actual notice under § 43-2-61 must be given at least 30 days after that notice to present a claim, regardless of where the 6-month or 5-month deadlines otherwise fall. That means a creditor the personal representative specifically knows about and notifies late can still push the effective deadline further out.

Facing probate in Alabama?

A local probate attorney can review your estate — many offer a free consultation.

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Alabama probate deadlines — frequently asked questions

Why does the later-of rule matter for Alabama's creditor deadline?

Because claims are barred at whichever comes later — 6 months from the grant of Letters or 5 months from first publication — the personal representative can't shorten the window by publishing early. The 6-month mark from Letters is effectively always the floor.

When can an Alabama estate reach final settlement?

Any time after 6 months from the grant of Letters, provided debts are paid and the estate is otherwise ready to close, under Ala. Code Section 43-2-501.

How long does a creditor entitled to actual notice have in Alabama?

At least 30 days after receiving that notice, regardless of where the 6-month or 5-month deadlines otherwise fall — a floor that protects creditors the personal representative specifically knows about.

How long after probate can an Alabama will be contested?

Within 6 months after the will is admitted to probate, filed in the circuit court of the county where the will was probated, under Ala. Code Section 43-8-199.

Estimate for general guidance only, not legal advice. Based on Ala. Code § 43-2-350, 43-2-501, 43-8-161, 43-8-199. Confirm current deadlines with the county Probate Court or a licensed Alabama attorney.