What Notice Requirements and Procedures Apply for Notifying Creditors, Including Medical Debt Collectors, in Probate in Alabama?

Detailed Answer

When someone dies in Alabama, the personal representative (also called an executor or administrator) must notify creditors so they can file valid claims against the estate. Medical debt collectors count as creditors and follow the same rules. Alabama law divides creditors into two groups: known and unknown. The personal representative must use two methods to notify them:

1. Notice by Mail to Known Creditors

Within two months after qualifying, the personal representative must send a written notice to each known creditor whose name and address appear on the decedent’s records or that otherwise come to the representative’s attention. This notice must:

Be sent by registered or certified mail.
State the date the representative qualified and the deadline to present claims (60 days from the date of mailing).
Include the representative’s name and address and the probate court file number.

If a known creditor fails to file its claim within 60 days after the mailing date, the claim is barred. See Alabama Code § 43-8-61 (Notice by Mail).

2. Notice by Publication to Unknown Creditors

For creditors whose names or addresses are unknown, the representative must publish a notice in a newspaper of general circulation in the county where probate is pending. The publication must:

Run once a week for four consecutive weeks.
Begin within 30 days of appointment.
State that claims must be filed within four months after the first date of publication.

Creditors who do not file within four months of the first publication date lose their right to assert claims. See Alabama Code § 43-8-60 (Notice by Publication).

3. Deadlines and Bar Dates

Creditors must file claims by the following deadlines:

Known creditors: within 60 days of the mailed notice (§ 43-8-61).
Unknown creditors: within four months after the first publication date (§ 43-8-60).

4. Proof of Notice

The representative must file with the probate court:

A certificate of mailing or return receipts for all mailed notices.
A copy of the published notice and an affidavit of publication from the newspaper.

This proof shows the court and potential claimants that notice requirements are satisfied.

Helpful Hints

Keep a detailed list of all potential creditors, including medical providers, and their addresses.
Start the notice process as soon as you qualify to avoid missing strict deadlines.
Use certified mail with return receipt to document service to known creditors.
Choose a widely read local newspaper for publication to ensure broad notice.
File certificates of notice promptly in the probate file to protect against late challenges.
If you expect unusual claims (like out-of-state medical bills), confirm whether additional notice steps apply.