Alabama probate, civil and family deadlines
24 deadlines · Last checked 30 October 2026
Each entry gives the period, what starts it, the citation and the words the rule uses. The short label cannot carry every condition, so read the quotation and the rule itself.
This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.
Probate
Surviving spouse's elective share: six months after death
6 months after the date of death
a petition for the elective share within six months after the date of death, or within six months after the probate of the decedent’s will, whichever limitation last expires.
Ala. Code §43-8-73(a) · Checked 30 October 2026 · Read the rule
Publish notice of appointment to creditors
30 days after the date letters were issued
For publication notice as required in Section 43-2-61(2), must be given within thirty days from grant of letters.
Ala. Code §§43-2-60(2), 43-2-61(2) · Checked 30 October 2026 · Read the rule
Inventory
2 months after the date letters were issued
Within two months after appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall file an inventory of property owned by the decedent at the time of death,
Ala. Code §43-2-835(a), (b) · Checked 30 October 2026 · Read the rule
Exhibit showing the condition of the estate
6 months after the date letters were issued
Six months after his or her appointment, and at any time thereafter when required by the court, either upon its own motion or upon the application of any person interested in the estate, the executor or administrator must render, for the information of the court, an exhibit under oath,
Ala. Code §43-2-318 · Checked 30 October 2026 · Read the rule
Creditor claims: six months after letters
6 months after the date letters were issued
must be presented within six months after the grant of letters, or within five months from the date of the first publication of notice, whichever is the later to occur,
Ala. Code §§43-2-350(b), 43-2-352 · Checked 30 October 2026 · Read the rule
Surviving spouse's elective share: six months after probate
6 months after the order admitting the will
or within six months after the probate of the decedent’s will, whichever limitation last expires.
Ala. Code §43-8-73(a) · Checked 30 October 2026 · Read the rule
Will contest in circuit court
6 months after the order admitting the will
may, at any time within the six months after the admission of such will to probate in this state, contest the validity of the same by filing a complaint in the circuit court in the county in which such will was probated.
Ala. Code §43-8-199 · Checked 30 October 2026 · Read the rule
Creditor claims: five months after first publication
5 months after the first publication of notice to creditors
or within five months from the date of the first publication of notice, whichever is the later to occur,
Ala. Code §43-2-350(b) · Checked 30 October 2026 · Read the rule
Probate notes
No day is worked out for these. Read the rule.
Known creditors: as soon as practicable, then 30 days to claim
For actual notice as required in Section 43-2-61(1), must be given as soon as practicable after a creditor’s identification is known;
Ala. Code §§43-2-60(1), 43-2-61(1), 43-2-350 · Checked 30 October 2026 · Read the rule
Final settlement cannot come before six months
Final settlement may be made at any time after six months from the grant of letters, if the debts are all paid and the condition of the estate in other respects will admit of it.
Ala. Code §43-2-501 · Checked 30 October 2026 · Read the rule
Disputed claims
If the judgment on any such claim is rendered by a probate court, either party may, within 30 days after the rendition of such judgment, appeal to the circuit court
Ala. Code §43-2-354 · Checked 30 October 2026 · Read the rule
Appeals from probate court: 42 days, and 7 for removal
Upon any decree, judgment or order removing an executor or administrator, in which case the appeal must be taken within seven days after such decree, judgment or order;
Ala. Code §12-22-21 · Checked 30 October 2026 · Read the rule
Civil
Serve summons and complaint on each defendant
120 days after the complaint was filed
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative, after at least fourteen (14) days' notice to the plaintiff, may dismiss the action without prejudice as to the defendant upon whom service was not made or direct that service be effected within a specified time;
Ala. R. Civ. P. 4(b) · Checked 30 October 2026 · Read the rule
Answer due
30 days after the summons and complaint were served
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon that defendant except when service is made by publication and a different time is prescribed under the applicable procedure.
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Responsive pleading due after the court acts on a Rule 12 motion
10 court days after the court decided the motion
if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten (10) days after notice of the court’s action;
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Serve written motion and notice of hearing
5 court days before the hearing
A written motion and notice of hearing must be served at least 5 days before the time specified for the hearing, with the following exceptions:
Ala. R. Civ. P. 6(c)(1) · Checked 30 October 2026 · Read the rule
Serve opposing affidavits
1 court day before the hearing
Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 day before the hearing, unless the court permits service at another time.
Ala. R. Civ. P. 6(c)(2) · Checked 30 October 2026 · Read the rule
Serve summary-judgment motion and all supporting materials
10 court days before the hearing
The motion for summary judgment, with all supporting materials, including any briefs, shall be served at least ten (10) days before the time fixed for the hearing, except that a court may conduct a hearing on less than ten (10) days’ notice with the consent of the parties concerned.
Ala. R. Civ. P. 56(c)(2) · Checked 30 October 2026 · Read the rule
Serve summary-judgment opposition
2 court days before the hearing
Subject to subparagraph (f) of this rule, any statement or affidavit in opposition shall be served at least two (2) days prior to the hearing.
Ala. R. Civ. P. 56(c)(2) · Checked 30 October 2026 · Read the rule
Last day to amend a pleading without leave
43 days before trial
a party may amend a pleading without leave of court, but subject to disallowance on the court’s own motion or a motion to strike of an adverse party, at any time more than forty-two (42) days before the first setting of the case for trial,
Ala. R. Civ. P. 15(a) · Checked 30 October 2026 · Read the rule
Renewed motion for judgment as a matter of law due
30 days after judgment was entered
Such a motion may be renewed by service and filing not later than thirty (30) days after entry of judgment.
Ala. R. Civ. P. 50(b) · Checked 30 October 2026 · Read the rule
Motion to amend findings (bench trial) due
30 days after judgment was entered
Upon motion of a party filed not later than thirty (30) days after judgment or entry of findings and conclusions the court may amend its findings or make additional findings or may amend the judgment accordingly.
Ala. R. Civ. P. 52(b) · Checked 30 October 2026 · Read the rule
Motion for new trial due
30 days after judgment was entered
A motion for a new trial shall be filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 59(b) · Checked 30 October 2026 · Read the rule
Motion to alter, amend or vacate judgment due
30 days after judgment was entered
A motion to alter, amend, or vacate the judgment shall be filed not later than thirty (30) days after entry of the judgment.
Ala. R. Civ. P. 59(e) · Checked 30 October 2026 · Read the rule
Motion to set aside a default judgment due
30 days after judgment was entered
The court may also set aside a judgment by default on the motion of a party filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 55(c) · Checked 30 October 2026 · Read the rule
Outer limit for Rule 60(b)(1)-(3) relief from judgment
4 months after judgment was entered
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than four (4) months after the judgment, order, or proceeding was entered or taken.
Ala. R. Civ. P. 60(b) · Checked 30 October 2026 · Read the rule
Notice of cross-appeal due
14 days after the first notice of appeal was filed
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days (2 weeks) of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires.
Ala. R. App. P. 4(a)(2) · Checked 30 October 2026 · Read the rule
Civil notes
No day is worked out for these. Read the rule.
A claimant may move for summary judgment only after 30 days
may, at any time after the expiration of thirty (30) days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits
Ala. R. Civ. P. 56(a) · Checked 30 October 2026 · Read the rule
Service by publication: answer 30 days after the last publication
notify the person to be served that that person is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice
Ala. R. Civ. P. 4.3 · Checked 30 October 2026 · Read the rule
Jury demand: 30 days after the last pleading on the issue
by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than thirty (30) days after the service of the last pleading directed to such issue.
Ala. R. Civ. P. 38(b) · Checked 30 October 2026 · Read the rule
District court: 14 days, or 7 for eviction
all time periods of thirty (30) days are reduced to fourteen (14) days for all actions other than an action for unlawful detainer
Ala. R. Civ. P. 12(dc) · Checked 30 October 2026 · Read the rule
More definite statement: 10 days after it is served
if the court grants a motion for a more definite statement the responsive pleading shall be served within ten (10) days after the service of the more definite statement.
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Discovery served with or soon after the complaint: a defendant has 45 days
except that the defendant may serve answers or objections within forty-five (45) days after service of the summons and the complaint upon that defendant.
Ala. R. Civ. P. 33(a), 34(b), 36(a) · Checked 30 October 2026 · Read the rule
Opposing affidavits on a new-trial motion: 15 days
The opposing party has fifteen (15) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation.
Ala. R. Civ. P. 59(c) · Checked 30 October 2026 · Read the rule
Default judgment: 3 days' notice to a party who appeared
shall be served with written notice of the application for judgment and the hearing thereon at least three (3) days prior to the hearing
Ala. R. Civ. P. 55(b)(2) · Checked 30 October 2026 · Read the rule
New trial after judgment as a matter of law: 30 days
The party against whom judgment as a matter of law has been entered may file a motion for a new trial pursuant to Rule 59 not later than thirty (30) days after entry of the judgment.
Ala. R. Civ. P. 50(c)(2) · Checked 30 October 2026 · Read the rule
Post-judgment motions are denied by operation of law after 90 days
No postjudgment motion filed pursuant to Rules 50, 52, 55, or 59 shall remain pending in the trial court for more than ninety (90) days, unless with the express consent of all the parties, which consent shall appear of record,
Ala. R. Civ. P. 59.1 · Checked 30 October 2026 · Read the rule
Which motions suspend the time to appeal
The filing of a post-judgment motion pursuant to Rules 50, 52, 55 or 59 of the Alabama Rules of Civil Procedure (ARCP) shall suspend the running of the time for filing a notice of appeal.
Ala. R. App. P. 4(a)(3) · Checked 30 October 2026 · Read the rule
Some appeals have 14 days, not 42
In appeals from the following orders or judgments, the notice of appeal shall be filed within 14 days (2 weeks) of the date of the entry of the order or judgment appealed from:
Ala. R. App. P. 4(a)(1)(A)-(E) · Checked 30 October 2026 · Read the rule
District court: post-judgment motions are 14 days
all time periods of thirty (30) days are reduced to fourteen (14) days except in unlawful-detainer actions
Ala. R. Civ. P. 52(dc), 55(dc), 59(dc) · Checked 30 October 2026 · Read the rule
Appeal time runs from entry, not from notice
Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except that upon a showing of excusable neglect based on a failure of the party to learn of the entry of the judgment or order the circuit court in any action may extend the time for appeal not exceeding thirty (30) days from the expiration of the original time
Ala. R. Civ. P. 77(d) · Checked 30 October 2026 · Read the rule
Family
Serve summons and complaint on each defendant
120 days after the petition was filed
If service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint, the court, upon motion or on its own initiative, after at least fourteen (14) days' notice to the plaintiff, may dismiss the action without prejudice as to the defendant upon whom service was not made or direct that service be effected within a specified time;
Ala. R. Civ. P. 4(b) · Checked 30 October 2026 · Read the rule
Earliest final judgment of divorce
30 days after the petition was filedEarliest day, not a last day: the day after this period
A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint.
Ala. Code §30-2-8.1(a) · Checked 30 October 2026 · Read the rule
Answer due
30 days after the petition was served
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon that defendant except when service is made by publication and a different time is prescribed under the applicable procedure.
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Responsive pleading due after the court acts on a Rule 12 motion
10 court days after the court decided the motion
if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten (10) days after notice of the court’s action;
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Serve written motion and notice of hearing
5 court days before the hearing
A written motion and notice of hearing must be served at least 5 days before the time specified for the hearing, with the following exceptions:
Ala. R. Civ. P. 6(c)(1) · Checked 30 October 2026 · Read the rule
Serve opposing affidavits
1 court day before the hearing
Except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 1 day before the hearing, unless the court permits service at another time.
Ala. R. Civ. P. 6(c)(2) · Checked 30 October 2026 · Read the rule
Serve summary-judgment motion and all supporting materials
10 court days before the hearing
The motion for summary judgment, with all supporting materials, including any briefs, shall be served at least ten (10) days before the time fixed for the hearing, except that a court may conduct a hearing on less than ten (10) days’ notice with the consent of the parties concerned.
Ala. R. Civ. P. 56(c)(2) · Checked 30 October 2026 · Read the rule
Serve summary-judgment opposition
2 court days before the hearing
Subject to subparagraph (f) of this rule, any statement or affidavit in opposition shall be served at least two (2) days prior to the hearing.
Ala. R. Civ. P. 56(c)(2) · Checked 30 October 2026 · Read the rule
Last day to amend a pleading without leave
43 days before trial
a party may amend a pleading without leave of court, but subject to disallowance on the court’s own motion or a motion to strike of an adverse party, at any time more than forty-two (42) days before the first setting of the case for trial,
Ala. R. Civ. P. 15(a) · Checked 30 October 2026 · Read the rule
Notice of cross-appeal due
14 days after the first notice of appeal was filed
If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within 14 days (2 weeks) of the date on which the first notice of appeal was filed, or within the time otherwise prescribed by this rule, whichever period last expires.
Ala. R. App. P. 4(a)(2) · Checked 30 October 2026 · Read the rule
Motion to amend findings (bench trial) due
30 days after the judgment was entered
Upon motion of a party filed not later than thirty (30) days after judgment or entry of findings and conclusions the court may amend its findings or make additional findings or may amend the judgment accordingly.
Ala. R. Civ. P. 52(b) · Checked 30 October 2026 · Read the rule
Motion for new trial due
30 days after the judgment was entered
A motion for a new trial shall be filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 59(b) · Checked 30 October 2026 · Read the rule
Motion to alter, amend or vacate judgment due
30 days after the judgment was entered
A motion to alter, amend, or vacate the judgment shall be filed not later than thirty (30) days after entry of the judgment.
Ala. R. Civ. P. 59(e) · Checked 30 October 2026 · Read the rule
Motion to set aside a default judgment due
30 days after the judgment was entered
The court may also set aside a judgment by default on the motion of a party filed not later than thirty (30) days after the entry of the judgment.
Ala. R. Civ. P. 55(c) · Checked 30 October 2026 · Read the rule
Outer limit for Rule 60(b)(1)-(3) relief from judgment
4 months after the judgment was entered
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than four (4) months after the judgment, order, or proceeding was entered or taken.
Ala. R. Civ. P. 60(b) · Checked 30 October 2026 · Read the rule
Family notes
No day is worked out for these. Read the rule.
Service by publication: answer 30 days after the last publication
notify the person to be served that that person is required to answer within thirty (30) days after the last publication on or before a date certain specified in the notice
Ala. R. Civ. P. 4.3 · Checked 30 October 2026 · Read the rule
More definite statement: 10 days after it is served
if the court grants a motion for a more definite statement the responsive pleading shall be served within ten (10) days after the service of the more definite statement.
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
Discovery served with or soon after the complaint: a defendant has 45 days
except that the defendant may serve answers or objections within forty-five (45) days after service of the summons and the complaint upon that defendant.
Ala. R. Civ. P. 33(a), 34(b), 36(a) · Checked 30 October 2026 · Read the rule
Opposing affidavits on a new-trial motion: 15 days
The opposing party has fifteen (15) days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding twenty (20) days either by the court for good cause shown or by the parties by written stipulation.
Ala. R. Civ. P. 59(c) · Checked 30 October 2026 · Read the rule
Default judgment: 3 days' notice to a party who appeared
shall be served with written notice of the application for judgment and the hearing thereon at least three (3) days prior to the hearing
Ala. R. Civ. P. 55(b)(2) · Checked 30 October 2026 · Read the rule
Post-judgment motions are denied by operation of law after 90 days
No postjudgment motion filed pursuant to Rules 50, 52, 55, or 59 shall remain pending in the trial court for more than ninety (90) days, unless with the express consent of all the parties, which consent shall appear of record,
Ala. R. Civ. P. 59.1 · Checked 30 October 2026 · Read the rule
Which motions suspend the time to appeal
The filing of a post-judgment motion pursuant to Rules 50, 52, 55 or 59 of the Alabama Rules of Civil Procedure (ARCP) shall suspend the running of the time for filing a notice of appeal.
Ala. R. App. P. 4(a)(3) · Checked 30 October 2026 · Read the rule
Some appeals have 14 days, not 42
In appeals from the following orders or judgments, the notice of appeal shall be filed within 14 days (2 weeks) of the date of the entry of the order or judgment appealed from:
Ala. R. App. P. 4(a)(1)(A)-(E) · Checked 30 October 2026 · Read the rule
Appeal time runs from entry, not from notice
Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except that upon a showing of excusable neglect based on a failure of the party to learn of the entry of the judgment or order the circuit court in any action may extend the time for appeal not exceeding thirty (30) days from the expiration of the original time
Ala. R. Civ. P. 77(d) · Checked 30 October 2026 · Read the rule
Modification and contempt are not original pleadings
Proceedings to modify, cite for contempt, or similar motions in divorce proceedings shall not be considered as original pleadings within the meaning of this rule.
Ala. R. Civ. P. 12(a) · Checked 30 October 2026 · Read the rule
A divorce default still needs proof
No judgment by default shall be entered against minors, incompetents, or parties to an action for divorce or annulment of marriage unless the claimant establishes the party’s claim or right to relief by evidence.
Ala. R. Civ. P. 55(e) · Checked 30 October 2026 · Read the rule
Relocating with a child: 45 days' notice, then 30 days to object
must be given by certified mail to the last known address of the person or persons entitled to notification under this article not later than the 45th day before the date of the intended change of the principal residence of a child
Ala. Code §§30-3-165(a), 30-3-169 · Checked 30 October 2026 · Read the rule
Counting days under the court rules
Exclude the day of the act, event, or default that begins the period. ... Exclude intermediate Saturdays, Sundays, and legal holidays when the period is less than 11 days. ... Include the last day of the period unless it is a Saturday, Sunday, or legal holiday, or -- if the act to be done is filing a paper in court -- a day on which weather or other conditions make the clerk's office inaccessible.
Ala. R. Civ. P. 6(a) · Checked 30 October 2026 · Read the rule
Counting one of these from a real date? Try the date calculator, or look around a sample workspace.
This is reference information, not legal advice. Check the current rule and any local rule or court order before relying on it.