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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

Summary Distribution vs Full Administration at a Glance

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CategorySummary DistributionFull AdministrationWinner
Small-estate personal propertySummary distribution can collect personal property without full administration when the value fits the allowance-based capLetters testamentary or administration handle broader assets, debts, and real propertySummary Distribution
Estate sizeAbout $47,000 for 2026 deaths (combined allowances, CPI-adjusted)No small-estate capSummary Distribution
Real propertySummary distribution cannot transfer real property requiring probateCan address real property through court authorityFull Administration
Filing fee$45 statutory base plus county local-act fees$45 statutory base plus county local-act feesTie
DisputesSummary distribution is a poor fit for contested estatesBuilt for matters that need creditor handling, real estate, or a contested-fact reviewFull Administration

Main Alabama Probate Options

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

Threshold: 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.

Filing Fee: County-specific; $45 statutory base plus local-act fees

Timeline: Court may act no sooner than 30 days after notice is published

Real Estate: No

Attorney: No

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

Threshold: No small-estate cap; used when there is a valid will

Filing Fee: $45 statutory base plus county local-act fees

Timeline: Several months or longer, including the creditor-claim period

Real Estate: Yes

Attorney: No statewide blanket requirement; recommended for larger or higher-risk estates

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

Threshold: No small-estate cap; used when there is no will

Filing Fee: $45 statutory base plus county local-act fees

Timeline: Several months or longer, including the creditor-claim period

Real Estate: Yes

Attorney: 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.

Unfamiliar terms in the comparison? The Alabama probate glossary defines them in plain language.

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Frequently 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.

Legal Authority: Ala. Code Sections 43-2-690 through 43-2-696.02 and Ala. Code Section 12-19-90. Last Verified: June 2026.

SourcesOfficial references used for this page

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.

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