Probate cost in Alabama
In Alabama, estates up to $47,000 can often skip full probate. For a $300,000 estate, the court fee is set by each county.
Alabama's small estate limit is $47,000. Above it, the estate usually goes through probate.
- Court fee to open probatevaries by county
- Attorney feeNo legal schedule: set by agreement or the courtset by agreement
- Executor fee sourceLegal maximum: the real fee can be lower$15,000
Probate totalup to $15,000+
The total leaves out the costs shown without a number.
- Quicken WillMaker & Trust Plus sourceOne-time price for one person$149
- Yearly feeoptional yearly renewal$40
- Moving a home into the trustSet by your county recordercounty recording fee
Trust total$149+
Assets left outside the trust can still need probate.
Probate cost by estate size
| Estate value | Court fee | Attorney (law) | Executor (law) | Total |
|---|---|---|---|---|
| $100,000 | not set by law | not set by law | $5,000 | up to $5,000+ |
| $250,000 | not set by law | not set by law | $12,500 | up to $12,500+ |
| $500,000 | not set by law | not set by law | $25,000 | up to $25,000+ |
| $1,000,000 | not set by law | not set by law | $50,000 | up to $50,000+ |
"Not set by law" means the fee is agreed with the lawyer or set by the court, so it is not in the total. Use your own numbers.
The rules in Alabama
- Small estate limit: $47,000 (Summary distribution of a small estate by verified petition to the probate judge, Revised Alabama Small Estates Act, Ala. Code 43-2-690 et seq.). Does not cover real estate. HB164 (2025), effective October 1, 2025, sets the limit at the 'small estate amount': the combined homestead allowance, exempt property and family allowance, CPI-adjusted under 43-8-116 (was $25,000 CPI-adjusted). State Treasurer table : July 1, 2023 amounts $18,800 + $9,400 + $18,800 = $47,000; July 1, 2026 amounts $20,475 + $10,225 + $20,475 = $51,175, which apply to claims on or after April 1, 2027. Personal property only. Court petition, not an affidavit. No wait after death; the order needs 30 days after published notice and 30 days after notice to the Alabama Medicaid Agency. Source
- Court fee: Set by each county. Set by each county probate court. Official county fee pages (Madison County, Montgomery County) returned 403, so no example fee was read. Leads only (not confirmed): Madison County lists administration $37 and administration with will annexed $74 plus inventory $25; a Montgomery County letters checklist totals about $111 including creditor notice.
- Attorney fee: No legal schedule: set by agreement or the court. No statutory fee schedule found for the estate attorney. Statute not read in this pass.
- Executor fee: Legal maximum: the real fee can be lower. Ala. Code 43-2-848: up to 2.5% of property received plus up to 2.5% of money paid out, so up to 5% when the whole estate is collected and paid out. Ala. Code 43-2-848(a): reasonable compensation, not to exceed 2.5% of property received plus 2.5% of all disbursements. If all property is paid out, the combined cap can reach about 5% of the estate. Court may add pay for extraordinary services (b). Read from a Wayback copy (January 2, 2016) of the official ALISON code page; history shows only Acts 1993, No. 93-722. Source
Some Alabama rules could not be checked on a current official page. Each rule links to the source we used. Confirm with the court or a lawyer before you rely on it.
General information from official state sources, not legal advice.