Alabama Probate Real Estate Sale Calculator

Selling an Alabama probate house

Enter the sale price to see the typical cost picture.

Does the will expressly grant a power of sale?

Sale price

Include a 6% realtor commission?

Estimated cost of this Alabama probate sale

Do I need court approval? →

Facing probate in Alabama?

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No power of sale means a full judicial process

What makes Alabama different: under Ala. Code §43-2-844, unless the will expressly grants a power of sale, the personal representative may sell, mortgage, or lease estate real property only after prior court approval. Without that clause, a judicial sale under §43-2-441 follows: newspaper notice for three consecutive weeks, ten days' notice to all heirs before the hearing, and court confirmation of the sale before a deed can be made.

A bond set at double the estate's value

Alabama typically requires a personal representative's bond in double the amount of the estate's value, unless the will expressly exempts it — a notably higher standard than the simple estate-value bond common in many other states.

No statutory fee — just reasonable compensation

Alabama has no fixed statutory percentage for the personal representative's fee. Courts subject compensation to Probate Court approval in the final settlement, typically allowing around 2 to 3% of the estate's value as an informal baseline.

No state estate or inheritance tax

Alabama imposes neither. See Capital Gains Tax on the Sale for what still applies to the gain itself.

Alabama's probate judges are elected, county by county

Each of Alabama's 67 counties runs its own Probate Court with an elected Probate Judge holding original jurisdiction — a structural detail that shapes how quickly a judicial sale petition moves in any given county.

Alabama probate real estate sale — frequently asked questions

Does an Alabama executor need court approval to sell the house?

Only if the will doesn't expressly grant a power of sale — under Ala. Code §43-2-844, without that language, the personal representative may sell, mortgage, or lease estate real property only after prior court approval.

How much bond does an Alabama personal representative typically need?

Double the estate's value, unless exempted by express provision in the will — a notably higher standard than the simple estate-value bond required in many other states.

How much does an Alabama personal representative get paid for selling the house?

There's no statutory percentage — Alabama entitles the representative to reasonable compensation, subject to Probate Court approval, with courts typically allowing around 2 to 3% of the estate's value as an informal baseline.

Does Alabama have a state estate or inheritance tax on the sale?

No — Alabama imposes neither, and only the federal estate tax, with its much higher 2026 threshold, can apply.

What is Alabama's state tax rate on the sale's gain?

Up to 5%, Alabama's top income tax bracket, which kicks in at just $3,000 of taxable income for a single filer. Alabama is also one of only a few states that lets filers deduct federal income taxes paid from their state taxable income.

Same Code, every county Probate Court

Jefferson, Mobile, and Madison County each run their own Probate Court, but §43-2-844's power-of-sale rule and the §43-2-441 judicial sale process apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Ala. Code §43-2-844, 43-2-441, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county Probate Court or a licensed Alabama attorney before acting.