Alabama Probate Costs: Fees and County Checks
Alabama sets a $45 statutory base fee to grant letters, but local-act fees are preserved by statute, so real county totals vary. Filing fees do not scale with estate value.
Quick Summary
Alabama does not have one statewide probate cost total. The $45 statutory base fee under Ala. Code Section 12-19-90 is uniform, but each county probate court adds local-act fees, copy charges, and notice costs. Confirm the current fee schedule with the county probate court before filing.
Probate Cost by Procedure
| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Summary Distribution | Up to the combined homestead, exempt-property, and family allowances (about $47,000 for 2026 deaths); personal property only | $45 statutory base plus county local-act fees | At least 30 days after notice is published | No | Small personal-property estates with no real property requiring probate |
| Probate of Will (Letters Testamentary) | Any estate with a valid will; no small-estate cap | $45 statutory base plus county local-act fees | Several months or longer, including the creditor-claim period | No statewide blanket requirement found | Testate estates that need an executor with letters testamentary |
| Letters of Administration (Intestate) | Any estate with no will; no small-estate cap | $45 statutory base plus county local-act fees | Several months or longer, including the creditor-claim period | No statewide blanket requirement found | Intestate estates that need an administrator with letters of administration |
Additional Costs to Expect
Personal Representative Compensation
Ala. Code Section 43-2-848 caps compensation at two and one-half percent of the value of all property received and under the personal representative's control, plus two and one-half percent of all disbursements. The court may allow additional compensation for extraordinary services.
Certified Copies of Letters
The $45 statutory base fee under Section 12-19-90 includes three certified copies of letters up to 10 pages, with $3 per additional page. Extra certified copies for banks, title work, or transfer agents may add cost.
Publication and Notice
Summary distribution requires publishing notice in a newspaper of general circulation, and full administration requires notice to creditors. Publication costs vary by county and publication outlet, and the Alabama Medicaid Agency is notified for summary distribution.
Bond Premium
A fiduciary bond may be required for an administrator unless waived by the will or by statute. Premium cost depends on estate value and the surety.
Appraisal, Recording, and Title Work
Real estate recording, deed and title work, vehicle title transfers, and appraisals can add separate costs when the estate includes real property or higher-value assets.
Estate and Inheritance Tax
Alabama has no state estate tax or inheritance tax (the state estate tax was eliminated for deaths after December 31, 2004). Federal estate tax may still apply to very large estates.
Typical Total Cost Ranges
Source Notes
- Statute / Authority
- Ala. Code Section 12-19-90 and Ala. Code Sections 43-2-690 through 43-2-696.02
- Fee Source
- Ala. Code Section 12-19-90 statutory schedule plus county probate court local-act fee schedules
- Last Verified
- June 2026
- Notes
- Ala. Code Section 12-19-90 sets a $45 statutory base fee (including three certified copies of letters, up to 10 pages, with $3 per page over 10). Local-act fees are preserved by statute, so real county totals commonly run from about $45 to $175 or more. Filing fees do not scale with estate value.
Sources
- Section 12-19-90, Judge of probate - Schedule of feesAlabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
- Section 43-2-848, Compensation of personal representativeAlabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
- Section 43-2-692, Petition for summary distributionAlabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
- Alabama Fiduciary, Estate, and Inheritance TaxAlabama Department of Revenue. Accessed June 16, 2026.
Frequently Asked Questions
How much does probate cost in Alabama?
Ala. Code Section 12-19-90 sets a $45 statutory base fee to grant letters, including three certified copies up to 10 pages. Because local-act fees are preserved by statute, real county totals commonly range from about $45 to $175 or more. Filing fees do not scale with estate value, so confirm the current schedule with your county probate court.
Are Alabama probate fees the same in every county?
The $45 statutory base fee is uniform, but each county probate court adds local-act fees, copy charges, and notice costs that vary. Verify the current fee schedule with the county probate court before filing.
What is the cheapest Alabama probate path?
For qualifying small personal-property estates, summary distribution under Ala. Code Section 43-2-692 can avoid full administration. If the estate exceeds the allowance-based limit, includes real property, or has disputes, probate of the will or letters of administration is usually the starting point.
How much is an Alabama personal representative paid?
Ala. Code Section 43-2-848 caps compensation at 2.5% of the value of all property received and under the personal representative's control, plus 2.5% of all disbursements, with possible additional compensation for extraordinary services. It is not a flat statewide schedule like some other states.
Does Alabama have an estate tax or inheritance tax?
No. Alabama has no state estate tax or inheritance tax. The state estate tax was eliminated for deaths after December 31, 2004. Federal estate tax may still apply to very large estates.
Why does this page not give one Alabama probate total?
A single total would be misleading. The final cost depends on the probate path, county local-act fees, the number of certified copies, publication and notice costs, bond, real estate and title work, and whether the family hires legal or professional help.
Estimate Your Alabama Probate Path
Use the Alabama assessment and calculator tools to see which probate process may apply and what it may cost.