Alabama · probate and estate law
Probate in Alabama: do you need a lawyer, and what it costs
Alabama law decides whether an estate needs probate and what a lawyer may charge. Every fact links to its statute, with the date we read it. Not legal advice.
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Firms are listed by name with what they publish and what the bar roster says about them; you contact them yourself. A firm can never pay to move up a list.
Do I need a lawyer?
- Small-estate limit
- Estates under $25,000 can use a simpler process instead of full probate.
- Formal probate
- Required above $25,000. Independent administration: no. Uniform Probate Code: no.
- Typical duration
- About 9 months.
- Source
- Ala. Code §43-2-692 (summary distribution; $25,000 base adjusted annually by CPI) statute → · checked Sep 20, 2026
Settling an estate in Alabama
What an executor deals with after the funeral: the will, the court, creditors, tax and closing the estate. Each fact links to the statute it comes from and shows the date we last read it.
- Filing the original will
In Alabama, if you have the original will, you must hand it over with reasonable promptness, when someone with an interest asks, to a person who can probate it, or to the probate court if no such person is known. The law sets no fixed number of days.
- Which court handles probate
In Alabama, the probate court of the county where the person who died lived handles the will and the estate. A will can also name a county where the person owned property at death.
- Creditors' deadline to make claims
In Alabama, the executor or administrator (the law calls them the personal representative) publishes a notice to creditors once a week for three weeks, starting within 30 days of receiving letters, and mails notice to known creditors. Creditors must file claims with the probate judge within 6 months after letters are granted or 5 months after the first publication, whichever is later.
- Estate inventory
In Alabama, the executor or administrator must file an inventory of the property owned by the person who died, with date of death values, within two months after being appointed. A will can excuse this, unless the court thinks the estate may be wasted.
- The order estate debts are paid
In Alabama, if the estate cannot pay every debt, they are paid in this order: funeral expenses, then administration costs, then last-illness expenses, then taxes assessed before the death, then wages owed to employees for that year, then all other debts.
- State estate and inheritance tax
Alabama has no estate tax or inheritance tax for current deaths.
- Closing an estate
In Alabama, the executor or administrator closes the estate with a final settlement in probate court: a sworn account of everything received and paid, with supporting records and a list of heirs. It can happen any time after 6 months from the grant of letters once debts are paid. If all heirs are adults and consent in writing, the court can approve a consent settlement without published notice.
What a probate lawyer may charge in Alabama
Some states set the fee by statute, as a percentage of the estate. Others say "reasonable compensation", and you agree it with the firm.
No statutory fee schedule is recorded for Alabama yet. Either the state leaves fees to "reasonable compensation", or we have not read the statute.
The estate letter · Alabama
Settling an estate in Alabama, one month at a time
Twelve months of steps with Alabama's own numbers and deadlines. Read the checklist now, or sign up there for one email a month.
Get the estate letter- Month 1The first things to gather
- Month 2Work out what the estate is
- Month 3Get the authority to act
- 9 more months
Compare more
Estate checklist for Alabama
What the executor does, month by month, with Alabama's numbers and deadlines.
Funeral and cremation law in Alabama
1 checked facts: who decides, waiting periods, permits.
Before probate
Look a lawyer up yourself
Every attorney we name is checked against the Alabama bar roster. You can too: alabar.org →