Alabama estate administration

Alabama probate: rules, process, costs, executor fees and deadlines

Small-estate limit: procedure-specific

This guide explains probate in Alabama: Alabama offers summary distribution of a small estate (Ala. Code §§ 43-2-690 to 43-2-692) for personal-property-only estates whose value does not exceed a CPI-indexed "small estate amount" (§ 43-2-691), heard in the county Probate Court. The statewide grant-of-letters fee is $45.00, executor compensation is capped at 2.5% of receipts plus 2.5% of disbursements, and creditor claims run six months from the grant of letters (or five months from first publication, whichever is later).

Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.

Answer first

Alabama simplified probate route

Alabama allows summary distribution where the decedent owned no real property and the estate value does not exceed the "small estate amount" — a CPI-indexed sum of the homestead, exempt-property, and family allowances (Ala. Code § 43-2-691), adjusted every three years under § 43-8-116. Petition may proceed at least 30 days after publication of notice of its filing. Because the operative indexed figure is an administrative publication not sourced here, the threshold is published as UNKNOWN with its mechanism captured.

Summary distribution of small estate (Ala. Code §§ 43-2-690 to 43-2-692)

What the reviewed rules establish

Simplified route

procedure-specific

Alabama allows summary distribution where the decedent owned no real property and the estate value does not exceed the "small estate amount" — a CPI-indexed sum of the homestead, exempt-property, and family allowances (Ala. Code § 43-2-691), adjusted every three years under § 43-8-116. Petition may proceed at least 30 days after publication of notice of its filing. Because the operative indexed figure is an administrative publication not sourced here, the threshold is published as UNKNOWN with its mechanism captured.

Eligibility and caveats

Court cost

$45

The statewide statutory fee for a grant of letters of administration is $45.00 (Ala. Code § 12-19-90(a)(2)), including three certified copies and final settlement when not more than 10 pages. Ala. Code § 12-19-90(d) preserves county/local fee laws for judges of probate, so a particular county may add local charges on top of the statewide figure.

Filing-cost detail

Executor compensation

Court-reviewed

Ala. Code § 43-2-848(a) allows reasonable compensation subject to a ceiling of two and one-half percent (2.5%) of the value of all property received and under the personal representative’s possession and control PLUS two and one-half percent (2.5%) of all disbursements. The ceiling therefore applies to receipts and disbursements, not to the whole estate value. Extraordinary services may be allowed additionally (§ 43-2-848(b)), and a will or written agreement can vary the amount (§ 43-2-848(c)–(d)).

Compensation detail

Alabama provisions this site could not read

Not every state serves its own code. Where Alabama did not, the attempt is recorded here instead of being covered over with a figure copied from a secondary summary. Each row names the authority that would settle the question and the page that failed to return it.

Authority soughtWhat is therefore not publishedTried on
Code of Alabama, tit. 43 (compensation of personal representatives)No Alabama compensation figure appears here, because the state serves its code as an application rather than as text — representative pay2026-09-17
Code of Alabama, tit. 43, ch. 2 (presentation of claims)The Alabama creditor period is left unstated here for the same reason, and the risk of guessing it is higher — creditor deadline2026-09-17

Alabama decision map

The four facts that change the Alabama route

Use this map before opening a form or entering a number. It keeps the Alabama amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

Alabama estate administration decision map
QuestionRecorded Alabama answerCarry into the case
What route is being screened?Summary distribution of small estate (Ala. Code §§ 43-2-690 to 43-2-692)Confirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?personal probate property only; gross value with statutory exemptions not classified by this worksheet.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?No numeric ceiling verifiedUse the counted property, not a bank-balance shortcut.
What is the time or deadline record?30 days after death; 180 days; Claims must be presented within six months after the grant of letters, OR within five months from the date of first publication of notice, whichever is the later to occur; claims not so presented and filed are forever barred (Ala. Code § 43-2-350). The six-month period runs from the grant of letters (appointment), so the modelled figure is 180 days from the grant, extended when the publication-based five-month period ends later.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$45 is the recorded statewide amount.Ask the Probate Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?Ala. Code § 43-2-848(a) allows reasonable compensation subject to a ceiling of two and one-half percent (2.5%) of the value of all property received and under the personal representative’s possession and control PLUS two and one-half percent (2.5%) of all disbursements. The ceiling therefore applies to receipts and disbursements, not to the whole estate value. Extraordinary services may be allowed additionally (§ 43-2-848(b)), and a will or written agreement can vary the amount (§ 43-2-848(c)–(d)). The relevant base is money received and paid out during administration.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

No numeric shortcut is available for Alabama

This registry does not establish a numeric Alabama ceiling from an accepted primary source. The safe next step is to follow the reason and source lane on this page, then ask the Probate Court for the current rule rather than importing a neighboring state\'s amount.

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

Probate is heard in the county Probate Court. Filing fees for the grant of letters are a $45.00 statewide figure (§ 12-19-90) but § 12-19-90(d) expressly preserves local fee laws, so individual counties may add charges.

Alabama publishes no single statewide small-estate affidavit. The summary-distribution petition is filed with the Probate Court of the county of residence, and each probate court issues its own form, so the county court is the place to obtain it.

Source trail

Records used by this Alabama map

Limits and unresolved costs

  • Small estate threshold is a CPI-indexed administrative figure (§ 43-8-116) — published as UNKNOWN with base allowances ($15,000 homestead etc.) and mechanism captured; the current operative dollar amount must be read from the AOC/Treasurer publication.
  • Filing fee $45.00 is the statewide floor; § 12-19-90(d) lets counties add local charges, so a county-specific total may exceed $45.00.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

What Alabama courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

Limits on court material

  • Probate is heard in the county Probate Court. Filing fees for the grant of letters are a $45.00 statewide figure (§ 12-19-90) but § 12-19-90(d) expressly preserves local fee laws, so individual counties may add charges.
  • Alabama publishes no single statewide small-estate affidavit. The summary-distribution petition is filed with the Probate Court of the county of residence, and each probate court issues its own form, so the county court is the place to obtain it.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.