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Will Contest Deadline in Alabama

In Alabama, a will can be contested before probate or within 180 days after the will is admitted to probate, by filing in the probate court.

Last checked . General information, not legal advice.

Alabama at a glance

Deadline to contest
180 days
Infants and persons of unsound mind without a conservator get extra time, capped at 20 years after admission.
Clock starts
Admission of the will to probate

Sources

Last checked

The rules in Alabama

How long do you have to contest a will in Alabama?

Deadline to contest in Alabama: 180 days. Infants and persons of unsound mind without a conservator get extra time, capped at 20 years after admission.

When does the deadline to contest a will start in Alabama?

Clock starts in Alabama: Admission of the will to probate.

Where do the Alabama will contest deadlines come from?

The rules above come from Ala. Code 43-8-215 and Ala. Code 43-8-210. Each source is linked on this page. We last checked them in October 2026.

Good to know

For wills filed for probate on or after January 1, 2023, Act 2022-427 (as amended by Act 2023 HB266) moved will contests to the probate court under Section 43-8-215, and the older circuit court contest sections no longer apply to those wills.

What this means in practice

Deadlines for will contests are often short and strictly applied. Knowing exactly which event starts the clock in the state where the will is probated, such as the date of admission, the date notice was mailed, or the date of publication, matters as much as knowing the length of the period.

Only people with a legal stake in the estate can usually contest a will, such as heirs who would inherit without the will or beneficiaries named in an earlier will. A contest also needs a recognized legal ground. Being disappointed with the amount left to you is generally not enough on its own.

A no-contest clause (also called an in terrorem clause) says a beneficiary who challenges the will loses their gift. Whether such a clause is enforced, and whether there is an exception for challenges brought with probable cause or in good faith, depends on state law. Anyone weighing a challenge, and anyone drafting a will, can check the state statute and may want to talk to a probate attorney.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.