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Alabama Co-Personal Representatives: How Is the Fee Split?

Alabama's statute is silent here — no explicit formula, no stated cap for multiple fiduciaries, just the same 2.5%+2.5% structure applied to the estate as a whole.

Ala. Code § 43-2-848 FigureMyTax Editorial Team

By the FigureMyTax Editorial Team · How we calculate

Quick answer: No, Alabama co-personal representatives don't each automatically collect a separate full 2.5%+2.5%. Ala. Code § 43-2-848 contains no explicit multi-representative formula — unlike states with a numbered subsection addressing this directly (Florida, New York, New Jersey, South Carolina), Alabama's statute is silent on how to divide compensation among co-personal representatives specifically. Estimate the underlying cap first with the Alabama executor fee calculator.

No statutory split, because there's no statutory multi-PR subsection

Ala. Code § 43-2-848: the compensation cap (2.5% of property received/controlled plus 2.5% of disbursements) and the multi-factor reasonableness test are written for "a personal representative," without a separate provision for multiple representatives serving the same estate. Compare this to South Carolina's § 62-3-719(e), which explicitly caps the combined total for all personal representatives at the sole-fiduciary maximum — Alabama's statute doesn't include an equivalent clause.

Court approval likely applies per person

§ 43-2-844(7): the prior-court-approval requirement for self-payment is written broadly — "[u]nless expressly authorized by the will, a personal representative, only after prior approval of court, may... [p]ay compensation of the personal representative." With co-personal representatives, this would logically apply to each individual's own payment, not just a single combined transaction for the group.

The multi-factor test still applies to actual work performed

Because reasonableness under § 43-2-848(a) considers factors like the skill required, the time and difficulty involved, and the results obtained, a court reviewing co-personal representative compensation would naturally look at what each individual actually contributed to the administration — consistent with how Alabama courts already weigh those factors for a sole personal representative.

Real coordination costs, same as anywhere

Co-personal representatives in Alabama share fiduciary duties, and disagreements about pace, priorities, or how to divide tasks can slow administration or invite disputes — a practical consideration independent of how compensation eventually gets divided or approved.

Worked example

Two siblings serve as co-personal representatives of an Alabama estate with $500,000 in property received. A sole personal representative doing all the work might reasonably receive the full $12,500 ceiling (2.5% of $500,000) under § 43-2-848(a).

Co-personal representativeShare of workIllustrative compensation
Sibling A (primary administrator)80%$10,000
Sibling B (occasional support)20%$2,500

Illustrative only — Alabama's statute doesn't specify how to split compensation between co-personal representatives; a court would decide based on the actual value of each person's services under the § 43-2-848(a) factors.

Facing probate in Alabama?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Alabama attorney

Alabama co-personal representatives — frequently asked questions

Do Alabama co-personal representatives each get their own 2.5% + 2.5%?

Ala. Code § 43-2-848 doesn't contain a separate multi-representative formula the way some states do, so the cap is generally understood to apply to the estate's administration as a whole rather than multiplying per person.

Does each Alabama co-personal representative need separate prior court approval to self-pay?

The prior-court-approval requirement under § 43-2-844(7) applies to paying compensation of the personal representative generally, which would logically extend to each individual co-personal representative's own payment, not just a single combined payment.

Is there a South-Carolina-style hard cap for co-personal representatives in Alabama?

Section 43-2-848 does not include the kind of explicit combined-cap or apportionment subsection some other states have (such as South Carolina's Section 62-3-719(e)); Alabama's statute is silent on how to divide compensation among multiple personal representatives specifically.

How would an Alabama court likely divide compensation between co-personal representatives?

Because reasonableness under § 43-2-848(a) weighs factors like skill, time, and results obtained, a court would likely look at what each individual actually contributed to the administration, rather than splitting evenly by default.

Do co-personal representatives in Alabama create extra coordination risk?

Yes — sharing fiduciary duties among co-personal representatives can slow administration or invite disputes over pace and priorities, a practical consideration independent of how compensation eventually gets divided.

Keep going

Alabama Executor Fee CalculatorYour estimate + PDF Alabama Executor Fee: How Much Is It?The 2.5% + 2.5% cap explained Alabama Executor Fee: Taxable? Can You Waive It?IRS rules + waiver Alabama Probate Cost CalculatorThe full cost picture

Estimate for general guidance only, not legal advice. Based on Ala. Code § 43-2-848 and § 43-2-844. Alabama has no statutory formula for dividing compensation among co-personal representatives; the illustrative 80/20 split above is not a statutory rule. Consult an Alabama probate attorney to resolve a specific dispute over compensation between co-personal representatives.