How much does probate cost in Alabama?

Alabama caps the personal representative's commission at 2.5% of property received plus 2.5% of disbursements under Ala. Code 43-2-848 - up to about 5% in total, but court-approved and often less. Attorney fees are separate and reasonable, and county probate filing fees are modest (roughly $50-$175 to open, varying by county). Alabama has no state estate or inheritance tax.

What is the executor fee in Alabama?

Under Ala. Code 43-2-848, the personal representative is entitled to reasonable compensation that may not exceed 2.5% of the value of all property received plus 2.5% of disbursements, with additional pay possible for extraordinary services. It's court-approved, based on the estate's size and complexity, and assets that pass outside probate (life insurance, retirement accounts with named beneficiaries) don't count. Family members often waive the fee.

What is the small estate limit in Alabama?

Alabama's summary distribution (Revised Alabama Small Estates Act, Ala. Code 43-2-690 et seq.) is available when the estate is personal property only, with no real estate, and its value does not exceed the small estate amount - about $47,000, adjusted for inflation. It's a verified petition to the probate court, not an out-of-court affidavit. Many older guides cite stale figures like $25,000 or $37,075.

Alabama Probate Cost Calculator, Free Tool

Q: Does Alabama have an estate or inheritance tax?

No. Alabama has no state estate tax and no inheritance tax for deaths after December 31, 2004, when the state's estate tax was eliminated with the federal state death tax credit. There's also no separate Alabama probate tax on estate value. Only the federal estate tax can apply, and only to very large estates above the federal exemption (currently $15 million).

Q: How long does probate take in Alabama?

Most Alabama estates take 9 to 14 months, set by the 6-month creditor claim period and the required final settlement. Jefferson and Mobile counties handle the highest volumes.

How probate costs work in Alabama

Probate in Alabama runs through the county Probate Court where the person lived — Jefferson (Birmingham), Mobile, Madison (Huntsville), Montgomery, Shelby, Baldwin and the state's 67 counties. Alabama is unusual in capping the personal representative commission at 2.5% of receipts plus 2.5% of disbursements, and its court filing fees are set county by county. It has no state estate or inheritance tax.

1. Personal representative commission — 2.5% cap

Ala. Code § 43-2-848: the personal representative is entitled to reasonable compensation that may not exceed 2.5% of the value of all property received, plus 2.5% of disbursements — up to about 5% in total — with extra pay possible for extraordinary services. Assets that pass outside probate (life insurance, retirement accounts with named beneficiaries) don't count.

On a $500,000 probate estate, the full commission is about $25,000. It's court-approved — the judge weighs the estate's size, complexity and results, and often allows less. Family members serving as PR frequently waive it, since it's taxable income.

2. Attorney fees — reasonable, court-approved

Alabama does not set attorney fees on a fixed schedule. They must be reasonable and are approved by the probate court; many attorneys bill hourly or a flat fee, others a percentage (often 2.5–5%). It's a separate cost from the commission.

3. County probate court fees

Filing fee to open the estate — set by each county (Ala. Code § 12-19-90 sets a $45 base); in practice roughly $50–$175 to admit a will and issue Letters, e.g. about $175 in Jefferson County.
Notice to creditors — publication once a week; the newspaper sets the price (~$95+).
Certified copies, settlements — small per-item and per-page charges.
Bond — required unless the will waives it (§ 43-2-851); premium a fraction of a percent.

4. When probate can be simplified in Alabama

Summary distribution (Revised Alabama Small Estates Act, Ala. Code § 43-2-692) — personal property only, no real estate, value not exceeding the small estate amount (about $47,000, CPI-adjusted). It's a verified petition, not an out-of-court affidavit.
Living trust, joint tenancy, POD/TOD — bypass probate entirely.

Note: Alabama has no estate tax, no inheritance tax (for deaths after December 31, 2004), and no probate tax on estate value. Only the federal estate tax can apply, to very large estates.

Cost component	Alabama figure	Source
PR commission	≤ 2.5% received + 2.5% disbursed	43-2-848
Attorney fee	Reasonable; court-approved	court
County filing fee	~$50–$175 (by county)	12-19-90
Small estate limit	~$47,000 (CPI-adjusted)	43-2-692
State estate / inheritance tax	None	ALDOR

Alabama probate cost — frequently asked questions

How much does probate cost in Jefferson County / Mobile / Madison?

The 2.5% commission cap and the tax rules are statewide, but county probate fees differ. In Jefferson County (Birmingham) it's about $175 to admit a will and issue Letters, $95 for notice to creditors, and settlement fees; Mobile, Madison (Huntsville) and Baldwin are broadly similar. A $500,000 estate has up to a $25,000 PR commission (often waived by family) plus a reasonable attorney fee.

Is the 2.5% commission automatic?

No — it's a maximum. Under § 43-2-848 the personal representative may receive up to 2.5% of property received plus 2.5% of disbursements, but the probate court approves the amount based on the work done and can allow less (or more for extraordinary services). Family PRs frequently waive it entirely.

What is the Alabama small estate limit?

Summary distribution is available for personal-property-only estates up to the small estate amount — about $47,000 under the Revised Alabama Small Estates Act, adjusted for inflation. It's a verified petition to the probate court. Many pages still cite old figures ($25,000, $37,075); confirm the current amount with the county Probate Court.

Does Alabama have an estate or inheritance tax?

No. Alabama repealed its estate tax effective for deaths after December 31, 2004, and has no inheritance tax and no probate tax on estate value. Only the federal estate tax can apply, and only to estates above the federal exemption (currently $15 million).

How long does probate take in Alabama?

Most Alabama estates take 9–14 months, set by the 6-month creditor claim period and the required final settlement. Jefferson and Mobile counties handle the highest volumes.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Alabama caps the personal representative commission at 2.5% of property received plus 2.5% of disbursements under Ala. Code § 43-2-848 — a maximum the probate court may reduce, with extra pay possible for extraordinary services. County probate filing fees vary (§ 12-19-90 sets a $45 base). The small estate amount for summary distribution is about $47,000 (CPI-adjusted). Alabama has no state estate or inheritance tax. Confirm current figures with the county Probate Court or a licensed Alabama attorney before acting.