Alabama executor and estate paperwork checklist

This is an organizer, not legal advice. An estate attorney or the county probate/surrogate office answers questions about your situation.

The first 30 days

General steps in plain words. Tick them off as you go; the ticks stay on this screen only.

1. Get several certified copies of the death certificateThe funeral home can usually order them, or the vital records office can. Each bank, insurer and pension plan may ask for its own.
2. Confirm the death was reported to Social SecurityUsually the funeral home does this. If it didn't, phone 1-800-772-1213 (TTY 1-800-325-0778); a widow or widower, or certain children, may qualify for $255.
3. Track down the willCheck the home, a safe deposit box and the lawyer who drafted it. Leave the original exactly as you found it and work from copies.
4. Check the will for a self-proving affidavitLook for a notarized statement by the witnesses attached to the will; this state allows one (see below).
5. Protect the propertyChange locks if keys are out, keep insurance paid, and have the mail forwarded so bills and statements reach you.
6. Hold off on paying debts or giving things awayWait until you know which route applies and who has authority. If something can't wait, ask the probate clerk or an attorney.
7. Stop using the person's power of attorneyA power of attorney ends at the principal's death, so an agent under it can't act for the estate.
8. List what the person owned and owedNote how each asset is held: in the person's name alone, jointly, or with a named beneficiary. Accounts with a beneficiary or joint owner usually pass outside the will.
9. Compare the estate with $37,075That's the small estate figure on this state's official page. Count only what the page says counts.
10. Keep an account of every transactionWrite down each payment and each deposit with the date and a receipt; heirs and the court may ask to see it.
11. Once you have authority: EIN and an estate accountThe IRS says you need an EIN before filing the estate's Form 1041, which is due if the estate has more than $600 of gross income in a year.

Sources for the federal steps: Social Security Administration: When someone dies · IRS: Deceased taxpayers, filing the estate income tax return (Form 1041) · power of attorney: Power of attorney at a real estate closing.

The small estate route

• ConfirmedSmall estate limit

  $37,075 of personal property, the figure the State Finance Director set for March 1, 2025 through February 28, 2026 The petition covers personal property. A figure for March 2026 onward wasn't published on the pages we read.

  "the value of $37,075 established for 2025 will be used for the period March 1, 2025 through February 28, 2026"

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

• Not confirmedReal estate

  Not confirmed — check Mobile County Probate Court: Alabama Small Estates Act.

• Not confirmedWaiting period after the death

  Not confirmed — check Mobile County Probate Court: Alabama Small Estates Act.

• ConfirmedNotary or oath

  Sworn; a notary can give the oath. The summary distribution petition is made under oath.

  "A written petition under oath in proper form to be filed with the Probate Court."

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

• ConfirmedWhere the paperwork goes

  Through a court office. The petition is filed with the probate court; the court orders the distribution.

  "to be filed with the Probate Court by the surviving spouse of the decedent"

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

• Not confirmedOfficial form

  Not confirmed — check Mobile County Probate Court: Alabama Small Estates Act.

• ConfirmedSimplified court procedure

  Summary distribution under the Revised Alabama Small Estates Act: Distribution of a small amount of personal property to the surviving spouse or distributees without full probate administration. The cap on personal property is adjusted from time to time by a Consumer Price Index formula; the court page doesn't print the current figure.

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

• ConfirmedSurviving spouse

  The surviving spouse files the petition, or if there is none, one or more distributees. Summary distribution isn't available if the person who died left a minor child.

  "Summary distribution is not available if the decedent is survived by a minor child."

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

• ConfirmedWorth knowing

  The Mobile County court says its staff can't give legal advice or provide forms, and asks for the surviving spouse's marriage certificate or license with the petition. The dollar cap is indexed to the Consumer Price Index; ask the probate court for the figure that applies.

  Source: Mobile County Probate Court: Alabama Small Estates Act, checked November 2026

The will at probate

Signing rules for wills, as they bear on getting the will accepted.

• ConfirmedWitnesses the will needed

  At least two witnesses, per the county probate office.

  "witnessed by at least two people"

  Source: Wills and Estates (Talladega County, Alabama, Probate Office), checked November 2026

• ConfirmedSelf-proving affidavit

  Allowed. The county probate office says a self-proving will must be notarized and use the language the law requires.

  "must be notarized"

  Source: Wills and Estates (Talladega County, Alabama, Probate Office), checked November 2026

• Not confirmedIf the will is handwritten

  Not confirmed — check Wills and Estates (Talladega County, Alabama, Probate Office).

• Not confirmedA witness who inherits

  Not confirmed — check Wills and Estates (Talladega County, Alabama, Probate Office).

Documents to gather

• Pension, Social Security and benefit letters
• Safe deposit box location and keys
• Certified death certificates
• The original will and any codicils
• Deeds and mortgage statements
• Vehicle titles and registrations
• Recent bank, brokerage and retirement statements
• Life insurance policies and annuities
• The last few years of tax returns
• Recent bills, loan and credit card statements

Who to notify

Banks and credit unions, Brokerage and retirement accounts, Life insurance companies, Utilities and phone, Landlord or mortgage servicer, Credit card companies, Pension or employer, Social Security (if the funeral home hasn't). A brief letter and a copy of the death certificate usually start each one; note the date and the person you reached.

Documents needed abroad

• ConfirmedA death certificate needed abroad

  Apostilles for this state's documents come from the Alabama Secretary of State, Authentication Division. $5 per document. Vital records: Birth and death certificates must bear the signature of the current Alabama State Registrar.

  Source: Alabama Secretary of State, Authentication Division, checked November 2026

Where to ask

An estate attorney or the county probate/surrogate office answers questions about your situation. Official pages for Alabama:

• Mobile County Probate Court: Alabama Small Estates Act
• Wills and Estates (Talladega County, Alabama, Probate Office)

Still to confirm

• Real estate: check Mobile County Probate Court: Alabama Small Estates Act
• Waiting period after the death: check Mobile County Probate Court: Alabama Small Estates Act
• Official form: check Mobile County Probate Court: Alabama Small Estates Act
• If the will is handwritten: check Wills and Estates (Talladega County, Alabama, Probate Office)
• A witness who inherits: check Wills and Estates (Talladega County, Alabama, Probate Office)

General information, not legal, tax or financial advice. We are not lawyers, and MCC Solutions is not a law firm. An estate attorney or the county probate/surrogate office answers questions about your situation. Facts checked November 2026.

Common questions

Related: Executor guide by state · Estate paperwork help