Detailed Answer: How to submit an original will to an Alabama probate court when you live out of state

Short answer: Present the original will, a certified copy of the decedent’s death certificate, and any required filing forms to the probate court in the Alabama county where the decedent was domiciled at death. If you live out of state, you can often file by mail, courier, or through a local Alabama attorney or agent. Contact the probate clerk first to learn that county’s requirements, fees, and whether they need you to appear in person.

1. Which Alabama probate court has jurisdiction?

Under Alabama practice, the probate court in the county where the decedent was domiciled (their legal residence) at death is the proper court to receive and probate the will. For statutory text and structure of probate law in Alabama, see the Code of Alabama (Title 43). You can access the Alabama legislative site at https://www.legislature.state.al.us/ and search for Title 43 (Probate and wills).

2. What paperwork and documents should you prepare?

The original signed will (the document presented for probate must be the original if available).
A certified copy of the decedent’s death certificate.
A completed probate filing form or petition to probate the will. Many counties provide a short form to “offer” or “present” the will for probate and to ask the court to appoint a personal representative (executor).
Contact information for the person presenting the will (the “proponent”) and for any proposed personal representative.
Filing fee (varies by county) or a fee waiver request if you qualify.
If witnesses to the will are still available, note their names and contact information — the clerk will tell you if their testimony or affidavits are necessary.

3. How to file the original will when you live out of state

Follow these practical steps:

Call the probate clerk in the correct county first. Ask about local forms, exact fees, mailing or delivery rules, and whether they accept filings by mail or require in-person appearance. Each Alabama county’s probate office can have slightly different procedures.
Use secure delivery. If mailing, send the original will and accompanying paperwork via a tracked, insured service (certified mail, FedEx, UPS). Include a return envelope and indicate whether you want the original returned or held by the court. Some clerks will accept the original for filing and return a stamped copy or file the original and keep it in the court file.
Include a cover letter and certificate of service. In the cover letter, identify the decedent, your relationship, that you are presenting the original will for probate, and include a daytime phone number and email. Include a certificate of service that lists who you have notified (heirs, beneficiaries) if required by the clerk.
Consider appointing a local Alabama agent or attorney. If you cannot appear, an Alabama attorney or an appointed local agent can present the will, file the petition, and handle any hearings. Hiring a local attorney is often the fastest way to handle issues that arise (contested probate, missing witnesses, or requests for formal probate).
Retain and record tracking and receipts. Keep delivery tracking, certified-mail receipts, copies of everything you sent, and any acknowledgment from the probate court.

4. What if witnesses aren’t available or the will isn’t self-proving?

If the will is not a “self-proved” will (no attestation affidavits from witnesses attached), the probate court may require testimony or affidavits from the attesting witnesses to prove proper execution. If those witnesses live out of state or cannot be found, Alabama procedures allow proof by other evidence, but that typically requires more time and may require a hearing. A local attorney can file the necessary affidavits, arrange remote testimony if the court permits, or seek alternative proof under Alabama probate practice.

5. Timing and potential complications

File the will promptly after death. Delays can cause complications such as disputes among heirs or claims by creditors. If someone else has custody of the original will or poses an issue, a court can order production of the will; immediate contact with the probate clerk or a local attorney is advisable.

6. When is an in-person appearance required?

Often the clerk can receive the will and file the petition without your personal appearance. However, if heirs or interested parties contest the probate, or if witness testimony is required, a hearing may be scheduled where appearance (in person or by counsel) is necessary. Ask the clerk whether the proposed personal representative must appear at the initial appointment hearing.

7. Fees, bonds, and appointment of personal representative

The probate court will charge a filing fee and may require a bond for the personal representative unless the will waives bond. Bond amounts and fee schedules vary by county. The court will issue letters of authority (letters testamentary) to the appointed personal representative after probate. Ask your local probate court clerk for the county’s specific fee schedule.

8. Helpful Alabama resources

Alabama Judicial System (general court information and contacts): https://judicial.alabama.gov/
Code of Alabama (searchable legislative site — see Title 43 for probate and wills): https://www.legislature.state.al.us/
Contact a local county probate court clerk (look up the county on the Alabama Judicial site or county government pages for contact details).

Helpful Hints

Call the probate clerk before you send anything. Clerks can confirm the correct county, local forms, and whether they accept mail-in filings.
Always send the original will by a tracked and insured method. Keep photocopies for your records.
Include a certified death certificate with any filing — most clerks will not accept a will for probate without it.
If you expect a dispute, hire an Alabama probate attorney to file and represent the estate. They can appear for hearings and manage local formalities.
If a will is self-proved (contains witnesses’ affidavits), probate is usually faster and often uncontested.
Retain proof of service or notification to heirs and beneficiaries if required by the clerk.
If you cannot get the original will back quickly from the court, request a certified copy or ask how the court will return or store the original.

Disclaimer: This article explains general Alabama probate practice and is intended for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For guidance specific to your situation, consult a licensed Alabama probate attorney or contact the appropriate county probate clerk.