Quick answer: Alabama does not set probate attorney fees by a fixed schedule. Fees must be reasonable and are approved by the probate court. Many attorneys bill hourly or a flat fee; some charge a percentage, often 2.5% to 5%. This is separate from the personal representative's commission (capped at 2.5% + 2.5% under Ala. Code § 43-2-848).
How Alabama probate attorneys bill
Reasonable, court-approved — no fixed schedule
Because there's no statutory percentage, attorneys quote a flat fee for a routine estate, an hourly rate, or occasionally a percentage. The probate court reviews the fee for reasonableness, weighing the estate's size, the work done, and the results. A contested estate or one with real estate and tax issues costs more.
Do you need an attorney?
Alabama doesn't require an attorney for every estate, and some simple ones are handled without full representation. But probate gets technical fast — notice rules, creditor claims, the final settlement — so most estates use counsel. Summary distribution (personal property only, roughly $47,000 or less) can sometimes be done without one.
How to keep Alabama probate attorney fees down
- Agree a flat fee up front for a routine estate, in writing.
- Keep organized records — a clean file cuts billable time.
- Use summary distribution where the estate qualifies (personal property only, roughly $47,000 or less).
Attorney fees are only one cost. See the full picture in the Alabama probate cost breakdown, or estimate your total with the Alabama probate cost calculator.