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
- Statutory Base Fee
- $45Grant of letters (12-19-90)
- County Total
- ~$45-$175+With local-act fees
- Summary Distribution
- ~$47KCombined-allowance cap (2026)
- Estate/Inheritance Tax
- $0No Alabama state tax
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.
Typical Total Cost Ranges
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| 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.
Attorney Fees
Alabama sets no fixed percentage for probate attorney fees. On any annual, partial, or final settlement, the court may fix, determine, and allow the attorney's fee paid from the estate (Ala. Code 43-2-682). In proceedings that involve administering a trust, selling property for distribution, or partition between co-owners, the statute expressly authorizes a reasonable attorney's fee taxed as costs (Ala. Code 34-3-60).
Bond Premium
A fiduciary bond may be required for an administrator unless waived by the will or by statute. Unless the court directs otherwise, the bond amount equals the value of the estate property under the personal representative's control plus one year's estimated income, minus securities on deposit that need a court order to move and land the personal representative cannot sell without court authority (Ala. Code 43-2-851). Premium cost depends on estate value and the surety.
Deed Recording Privilege Tax
When estate real property is conveyed by deed, Alabama collects $0.50 per $500 of value, or fraction of it, before the probate judge records the instrument. Deeds executed for nominal consideration to perfect title are exempt (Ala. Code 40-22-1).
Death Certificates
The Alabama Department of Public Health charges $15 for the search and first certified copy and $6 for each additional copy ordered at the same time.
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.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Alabama Medicaid estate recovery guide explains when that applies.