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Alabama Executor vs Administrator

The title on the Letters changes depending on whether there was a will — but the 2.5% commission cap, and most of the work, stays exactly the same either way.

Ala. Code Title 43, Chapter 2

By the FigureMyTax Editorial Team · How we calculate

Quick answer: an executor is named in a valid will and gets Letters Testamentary. An administrator is appointed when there's no will (or no willing/able named executor) and gets Letters of Administration instead. The compensation cap is identical. See how this affects your own estimate in the Alabama probate timeline calculator.

Side by side

ExecutorAdministrator
Appointed viaNamed in a valid willCourt appointment, intestacy priority rules
Letters issuedLetters TestamentaryLetters of Administration
Bond typically required?Often waived if the will says soGenerally required, absent a waiver
Commission capAla. Code § 43-2-848Ala. Code § 43-2-848 (same cap)

When there's no will

Priority to serve: without a valid will, Alabama's intestacy rules determine who has priority to be appointed administrator — typically starting with a surviving spouse, then children, then more distant relatives. When multiple people share equal priority, resolving that with the probate court can add time before Letters are issued at all, compared to simply admitting an already-named executor's will.

The bond difference is often the bigger practical gap

Many wills specifically waive the bond requirement for a named executor, which is common and saves both cost and time. An administrator appointed without a will, by contrast, generally must post a bond absent a similar waiver — adding an extra step, and often real cost, that an executor working from a well-drafted will may skip entirely.

Facing probate in Alabama?

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

Talk to an Alabama attorney

Executor vs administrator — frequently asked questions

What's the difference between an executor and an administrator in Alabama?

An executor is named in a valid will and is issued Letters Testamentary. An administrator is appointed when there's no will, or no named executor is able or willing to serve, and receives Letters of Administration instead — the underlying duties and the 2.5% commission cap apply the same way to both.

Does having no will slow down Alabama probate?

It can add an early step. Without a will, Alabama's intestacy priority rules determine who has the right to serve as administrator, and if multiple relatives have equal priority, sorting that out before Letters are issued can take longer than probating an already-named executor's will.

Does an Alabama administrator need to post a bond?

Generally yes, unless the will specifically waives it for a named executor. An administrator appointed without a will typically must post a bond, which can add both cost and time compared to a bond-waived executor.

Do executor and administrator commissions differ in Alabama?

No. Both are subject to the same 2.5%-of-receipts-plus-2.5%-of-disbursements cap under Ala. Code Section 43-2-848, regardless of whether they're serving under a will or by court appointment in an intestate estate.

Keep going

Alabama Probate Timeline CalculatorYour estimate, based on your answers Alabama Probate DeadlinesEvery statutory date, with citations What Delays Probate in AlabamaBeyond the statutory floor Alabama Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Ala. Code Title 43, Chapter 2. Which situation applies to a specific estate depends on its own facts. Consult a licensed Alabama attorney before proceeding.