Notifying Heirs When Opening Probate in Alabama

Short answer: When you open probate in Alabama, you must notify interested parties (heirs and devisees) and creditors. Typical notices include: (1) notice of the petition to probate or to open administration; (2) notice of hearing(s) set by the probate court; (3) notice of appointment or issuance of letters to the personal representative; and (4) notice to creditors (usually by direct mail to known creditors and by published notice). You must file proof of service or publication with the probate court.

Detailed answer — what notices to send and why

Alabama handles estates through the county Probate Court. The exact notices you must send depend on the type of proceeding (probate of a will, opening an administration, informal vs. formal administration, estate size, and whether immediate appointment is uncontested). Below are the common notices and practical steps under Alabama law and practice.

1. Notice of petition to probate a will or to open administration

When you file a petition to probate a will or to open an estate (appointment of a personal representative or administrator), you should notify all interested persons: the surviving spouse, all heirs-at-law, and all named beneficiaries (devisees) under the will. The probate court will require proof that interested persons received notice of the petition or of the hearing on the petition.

How to give notice: most counties accept personal service, certified mail with return receipt, or regular mail in uncontested matters (but always check local rules). File an affidavit or certificate of service with the court showing who was notified, how, and when.

2. Notice of hearing

If the court sets a hearing on the petition (for example, to admit a will to probate or to appoint an administrator), the court will require notice to interested persons. The court’s notice requirements determine how far in advance notice must be given and which delivery methods are acceptable.

3. Notice of appointment and issuance of letters

After the court appoints a personal representative and issues letters, it is common practice to notify heirs and beneficiaries that the estate is open and who is handling it. This helps heirs know where to send claims, obtain information about estate assets, and plan for distributions. While informal estates may not always require formal mailed notice, good practice (and some courts) expect a written notice to interested persons after appointment.

4. Notice to creditors (publication and direct notice)

Notifying creditors serves to limit the time creditors have to bring claims. In Alabama, you typically must publish a notice to creditors in a newspaper of general circulation in the county where the probate is filed. Courts commonly require publication for a set period (for example, consecutive weekly publications), and you usually must mail direct notice to any known or reasonably ascertainable creditors.

Make sure to file the newspaper affidavit (proof of publication) and any proof of mailed notice with the probate court.

5. Other notices that may be required

Notice to heirs or adult beneficiaries before certain sales of estate real property or settlement of claims.
Notice of accountings, petitions for final distribution, or petitions to close the estate — interested persons generally must be given an opportunity to object.
Special notice rules for minors, unknown heirs, or missing parties—courts may require publication and/or appoint a curator or guardian ad litem.

Practical steps to make sure all heirs are notified

Identify heirs and devisees early. Use the decedent’s will (if any), family records, marriage certificates, birth records, and genealogical resources. If heirs are unknown, tell the probate court; the court can authorize broader notice (publication or appointment of a curator).
Use multiple delivery methods. Personal service or certified mail gives the strongest proof. For widely distributed interested persons, use certified mail plus regular mail and email if the court permits.
Publish in a county newspaper when required. Obtain the affidavit of publication from the newspaper and file it with the court.
Keep detailed proof. File return receipts, affidavits of service, and the publication affidavit with the probate clerk to create an administrative record.
Check local probate forms and rules. Counties sometimes publish local instructions for notices and forms for affidavits of service.

Where to look in Alabama law and court rules

Probate and estate procedures are controlled by state statutes and local probate court practices. For the official Alabama Code and for specific statutory language, consult the Code of Alabama and your local probate court. The Alabama Legislature and the Alabama Administrative Office of Courts are primary official sources:

Code of Alabama (Alabama Legislature) — search the code for provisions related to probate, administration, notices, and creditors.
Alabama Administrative Office of Courts — resources and links to county probate courts.

Because local practice and some deadlines (for example, how many times and how long to publish) can vary, check the probate court rules in the county where the estate is filed.

Filing proof of notice

After you send notices, file proof with the probate court. Typical proofs include:

Affidavits of service signed by the server.
Certified mail return receipts (green cards) or postal tracking printouts.
Newspaper affidavit of publication from the printer.
Affidavit that a creditor notice was mailed to known creditors.

When to consult a probate attorney

Consider hiring a probate attorney if:

Heirs are numerous, unknown, or in different states or countries.
There are disputes about heirs, validity of the will, or administration steps.
Significant assets or complex claims are involved.
You need help complying with notice and filing requirements to avoid delays or personal liability.

Helpful hints

Start heir identification immediately: it reduces the chance you’ll miss someone who has to be notified.
Send notices by certified mail where possible; keep return receipts and photocopies for the court file.
When in doubt, notify: it’s better to over-notify interested parties than to risk an objection later.
Use the probate clerk as a resource—clerks can explain local publication rules and filing steps but cannot give legal advice.
File proof of service early; missing proof can delay hearings and distributions.
If possible, collect a short written acknowledgement from heirs that they received notice and information about the personal representative.

Disclaimer: This article explains general information about probate notice practices in Alabama. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Alabama probate attorney or contact the probate court in the county where the decedent lived.