Alabama Probate Types: Summary Distribution vs Full Administration
Find the right probate procedure for your situation
Compare eligibility, timing, court involvement, and local verification points
Simplified vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Small-estate personal property | Summary distribution can collect personal property without full administration when the value fits the allowance-based cap | Letters testamentary or administration handle broader assets, debts, and real property | Summary |
| Estate size | About $47,000 for 2026 deaths (combined allowances, CPI-adjusted) | No small-estate cap | Summary |
| Real property | Summary distribution cannot transfer real property requiring probate | Can address real property through court authority | Formal |
| Filing fee | $45 statutory base plus county local-act fees | $45 statutory base plus county local-act fees | Tie |
| Disputes | Summary distribution is a poor fit for contested estates | Built for matters that need creditor handling, real estate, or a contested-fact review | Formal |
Main Alabama Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Summary Distribution Ala. Code Section 43-2-692 (43-2-690 et seq.) | Estate value not exceeding the combined homestead, exempt-property, and family allowances (about $47,000 for 2026 deaths; adjusted annually for CPI). Personal property only. | County-specific; $45 statutory base plus local-act fees | Court may act no sooner than 30 days after notice is published | No | No |
Probate of Will (Letters Testamentary) Ala. Code Title 43, Chapter 8 and Chapter 2 | No small-estate cap; used when there is a valid will | $45 statutory base plus county local-act fees | Several months or longer, including the creditor-claim period | Yes | No statewide blanket requirement; recommended for larger or higher-risk estates |
Letters of Administration (Intestate) Ala. Code Title 43, Chapter 2 | No small-estate cap; used when there is no will | $45 statutory base plus county local-act fees | Several months or longer, including the creditor-claim period | Yes | No statewide blanket requirement; recommended for larger or higher-risk estates |
* Alabama probate is handled in county probate courts. Ala. Code Section 12-19-90 sets a $45 statutory base fee to grant letters, but local-act fees are preserved by statute, so county totals commonly range from about $45 to $175 or more. Filing fees do not scale with estate value.
Side-by-Side Comparison
Summary Distribution
Ala. Code Section 43-2-692 (43-2-690 et seq.)
Small personal-property estates with no real property requiring probate to transfer
Probate of Will (Letters Testamentary)
Ala. Code Title 43, Chapter 8 and Chapter 2
Testate estates that need an executor with letters testamentary to collect assets, handle creditors, and transfer property
Letters of Administration (Intestate)
Ala. Code Title 43, Chapter 2
Intestate estates that need an administrator with letters of administration to collect assets, pay debts, and distribute property
Not Sure Which Type Applies to You?
Use the Alabama assessment to compare probate paths and next-step planning points.
Take the Alabama AssessmentFrequently Asked Questions
What are the main Alabama probate types?
Alabama families usually compare summary distribution for qualifying small personal-property estates, probate of a will with letters testamentary when there is a valid will, and letters of administration when there is no will. Alabama does not have a separate informal-versus-formal track like some states, and it does not use a muniment-of-title device.
What is Alabama summary distribution?
Summary distribution under Ala. Code Section 43-2-692 lets a surviving spouse or distributee collect personal property without full administration when the estate value does not exceed the combined homestead, exempt-property, and family allowances (about $47,000 for 2026 deaths). It applies to personal property only and requires publishing notice; the court generally does not act until at least 30 days after that notice.
Does Alabama have a small estate affidavit for real property?
No. Alabama summary distribution covers personal property only. If the decedent held real estate in their name alone that requires probate to transfer, the family generally needs probate of the will or letters of administration instead, not summary distribution.
Do I need an attorney for Alabama probate?
The sources reviewed for this page did not identify a statewide blanket attorney requirement for every Alabama probate filing. Many estates still benefit from counsel when real estate, creditor disputes, tax questions, unclear heirs, or family disagreements are involved.
Are Alabama probate fees the same in every county?
Ala. Code Section 12-19-90 sets a $45 statutory base fee to grant letters, but local-act fees are preserved by statute, so real county totals commonly range from about $45 to $175 or more. Filing fees do not scale with estate value. Confirm the current fee schedule with your county probate court.
Important: Alabama probate matters run through the county probate court where the decedent lived at death. Local-act fee schedules, forms, and filing practices vary by county, so confirm the current fee schedule and packet with your county probate court before filing.
Sources & Verification
Legal Authority: Ala. Code Sections 43-2-690 through 43-2-696.02 and Ala. Code Section 12-19-90
Last Verified: June 2026
Alabama probate is handled in county probate courts. Ala. Code Section 12-19-90 sets a $45 statutory base fee to grant letters, but local-act fees are preserved by statute, so county totals commonly range from about $45 to $175 or more. Filing fees do not scale with estate value.
Section 12-19-90, Judge of probate - Schedule of fees
Alabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
Alabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
Section 43-2-848, Compensation of personal representative
Alabama Legislature (Code of Alabama 1975). Current official code text, accessed June 16, 2026.
This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.