Detailed answer — how Alabama handles an out-of-state will and expected timelines

Alabama probate courts generally will admit a will signed in another state so long as it meets the requirements of the place where it was signed or another relevant jurisdiction. To begin probate in Alabama you normally file the original will (if available) and a petition for probate in the probate court of the county where the decedent lived or where the property is located.

Key steps and typical timeframes (these are general ranges; individual cases vary):

• Initial filing and clerk review (a few days to a few weeks). After you file the petition and submit the original will plus a certified copy of the death certificate, the probate clerk reviews the submission for completeness and will set a hearing or intake appointment. If the paperwork is complete and uncontested, the clerk often moves the matter along quickly.
• Notice to heirs and creditors (weeks to months). Alabama law requires notice to heirs and may require notice to creditors. The court or local rules set specific timing. Creditors have a limited period to file claims; that creditor period can extend the overall timeline because personal representatives usually wait for the claim period to run before closing the estate.
• Admission hearing or summary admission (weeks to a few months). If no one contests the will and everything is in order, the court can admit the will and appoint a personal representative in a relatively short time—commonly within 1–3 months of filing for straightforward cases. If the will lacks necessary proof (for example, missing witness signatures or no self-proving affidavit), the court may require witness affidavits, testimony, or other proof, which adds time.
• Administration and closing (several months to a year or more). After appointment, the personal representative collects assets, pays valid claims, files inventories and accounting (if required), and distributes assets per the will. Simple estates can often be wrapped up in 6–12 months; more complex or contested estates may take 1–3 years or longer.
• Contested admission (many months to years). If someone contests the will’s validity, disputes heirship, or challenges fiduciary actions, the process becomes adversarial and can take many months to years depending on complexity and court backlog.

Special situation: ancillary probate. If the decedent lived in another state but owned real property located in Alabama, an ancillary probate or ancillary administration in Alabama may be necessary to transfer that real property. Ancillary proceedings are typically narrower but still require filing, appointment of an ancillary personal representative, and satisfaction of notice and claims requirements — adding weeks to months to the overall process.

Common reasons an out-of-state will takes longer to admit:

• No original will available (court may require proof of due execution).
• Absent or unreachable witnesses who must prove execution.
• Challenges to validity (undue influence, lack of capacity, or improper formalities).
• Real estate or other assets located in other states requiring ancillary proceedings there.
• Missing documentation (death certificate, heir contact info, asset records).

Documents and proof you will likely need

• Original will (if possible). If not available, certified copies or an explanation of the original’s loss.
• Certified death certificate.
• Petition for probate signed under penalty of perjury (local form required by the county probate court).
• Names and addresses of heirs and known creditors.
• Evidence that the will was valid where signed — for example, a self-proving affidavit or witness affidavits if the will lacks an Alabama-style attestation.
• Inventory of estate assets, and documents showing ownership of real property in Alabama (if any).

When an out-of-state will might not be admitted right away

Probate courts may delay admission or require extra proof when:

• The will was executed in a foreign country or in a state with very different formalities and you lack proper authentication.
• Witnesses are unavailable to swear to the will’s execution and no self-proving affidavit exists.
• There are allegations of forgery, incapacity, fraud, or undue influence.
• The estate includes complex assets (business interests, multi-state real estate, or contested trusts).

How to speed up the process

• Bring the original will and certified death certificate to the probate office as early as possible.
• Provide a clear list of heirs and contact information so the court can issue notices promptly.
• Get any available self-proving affidavit or witness affidavits from the state where the will was signed.
• Prepare an inventory of assets and proof of ownership, especially for Alabama real property.
• Ask the probate clerk about local forms and filing procedures before submitting documents.

When to consult a probate attorney

Talk to a probate attorney licensed in Alabama if any of these apply:

• Someone is likely to contest the will.
• The original will is lost or you lack witness proof.
• The estate includes multi-state real estate or businesses.
• Creditors or tax issues appear likely to complicate administration.
• You want guidance on the fastest way to admit the will or avoid unnecessary delays.

An attorney can explain local practice, prepare necessary affidavits, represent you at hearings, and help reduce the chance of procedural mistakes that cause delay.

Helpful hints

• Contact the local probate court clerk first to learn county-specific forms and timing.
• Always produce the original will if you can; courts prefer originals for admission.
• Ask witnesses to sign affidavits in the state where the will was executed to preserve testimony.
• Keep clear records of notices, filings, and communications with the court and heirs.
• If the decedent owned real estate in Alabama but was domiciled elsewhere, expect an ancillary probate specifically for that property.
• Prepare for creditor timelines—do not distribute assets until you understand the claim period required by the court.