Step-by-Step Guide to the Alabama Probate Process for Mobile County Families

Probate in Alabama follows a structured legal process handled through the county probate court. For families in Mobile County, most straightforward estates take about 10 to 12 months from opening the estate to final closure. Understanding the specific steps can make a difficult time a little easier, especially when you’re already dealing with the loss of a loved one. At Snow Law Firm, I guide families in Mobile and Baldwin County through each stage personally—no staff handoffs, no confusion, and no runaround.

This detailed guide breaks down each step of the Alabama probate process so you know exactly what to expect when working with the Mobile County Probate Court or the Baldwin County Probate Court.

Do You Need Probate in Alabama?

The first step is determining whether probate is required at all. In Alabama, probate is generally needed when the deceased person owned assets solely in their name—such as a house, vehicle, bank account, or other property without joint ownership or beneficiary designations. If all assets are jointly titled or payable-on-death, probate may not be required.

Small estates valued at less than $34,611 (as of 2026) may qualify for Alabama’s small estate process—also known as Summary Distribution—which avoids full probate. However, many estates in Mobile and Baldwin County still require full probate because the deceased owned real estate or other assets titled solely in their name.

You can learn more about the basics of probate in my Alabama Probate Guide.

Step 1: Filing the Probate Petition

To begin the process, someone must file a petition to open the estate with the appropriate county probate court. Most Mobile families file with the Mobile County Probate Court, located downtown, while Baldwin County estates are filed in the county where the deceased lived or owned property.

The petition includes the death certificate, the original will (if one exists), and information about heirs and beneficiaries. If there’s a will, the court validates it. If there is no will, the estate will proceed under Alabama’s intestacy laws.

Snow Law Firm handles all filings directly—I prepare and submit the petition for you and walk alongside you through every step of the process via the Probate section of my practice.

Step 2: Appointment of the Personal Representative

Once the court accepts the petition, it appoints a personal representative (also called an executor or administrator). If the deceased left a will naming an executor, that person is usually appointed. If there is no will, Alabama law sets priority for who may serve—typically starting with a surviving spouse, then adult children.

The personal representative receives “Letters Testamentary” or “Letters of Administration,” giving them legal authority to gather assets, access accounts, manage property, and communicate with creditors.

I work closely with personal representatives to make sure they know exactly what to expect and how to avoid common mistakes that can delay the estate.

Step 3: Publishing and Sending the Six-Month Creditor Notice

Alabama law requires every estate to remain open for a mandatory six-month creditor period. During this time, creditors can file claims against the estate for debts owed by the deceased.

The personal representative must:

• Publish notice in a local newspaper once a week for three consecutive weeks
• Send mailed notice to any known creditors
• Wait the full six months before final distribution

Even simple estates in Mobile County must remain open for at least this six-month window, which is why most estates take 10–12 months to close.

Step 4: Completing the Estate Inventory

The personal representative must prepare a complete inventory of the estate’s assets unless the will waives this requirement. This includes:

• Homes, land, and other real estate
• Vehicles, boats, and titled property
• Bank accounts, investment accounts, and retirement funds
• Household goods and personal belongings

In Mobile and Baldwin County, many wills waive the formal inventory requirement, but representatives still must keep detailed records. As an estate administration attorney, I help clients prepare accurate inventories and establish proper valuations.

You can find more details in my Estate Administration guide.

Step 5: Resolving Claims and Managing Assets

Over the six-month creditor period, creditors may submit claims. The personal representative must evaluate each claim and either:

• Approve and pay it
• Dispute it in probate court

The estate may also need to:

• Maintain or insure property
• Sell vehicles or real estate
• Handle tax returns
• Distribute certain items listed in the will

Disputed claims, real estate sales, or missing documents can extend the timeline, but careful planning keeps most estates on track.

Step 6: Final Accounting and Distribution of Assets

Once the creditor period ends and claims are resolved, the personal representative prepares a final accounting. This document shows:

• All assets collected
• All expenses paid
• Outstanding issues resolved
• The proposed final distribution

The court reviews the accounting, and once approved, the personal representative distributes assets to heirs and beneficiaries. After distribution, the estate can be formally closed.

In Mobile County, this closing process typically brings the total probate timeline to about 10–12 months for simple, uncontested estates.

Frequently Asked Questions

How long does probate take in Mobile County?

Most simple estates take 10–12 months because the six-month creditor period cannot be shortened.

Do I need a probate lawyer in Alabama?

While Alabama law does not require families to hire an attorney, probate involves strict deadlines and detailed filings. Most families choose legal help to avoid delays or mistakes.

What if the deceased had property in both Mobile County and Baldwin County?

The main estate is opened in the county of residence, and a separate “ancillary probate” may be required in the county where other property is located.

What happens if there is no will?

The estate proceeds under Alabama’s intestacy laws, which determine who inherits. The process is similar, but the court decides the distribution instead of a will.

Can probate be avoided?

Yes—proper estate planning, including beneficiary designations, joint ownership, or a fully funded trust, can help families avoid probate entirely.

Schedule a Free Probate Consultation

If you’re facing the probate process in Mobile or Baldwin County, you don’t have to navigate it alone. I personally handle every probate case at Snow Law Firm. Reach out today to schedule a free consultation and get clear, straightforward guidance during a difficult time.