Alabama probate is administered through dedicated Probate Courts — one in each county — and is generally considered straightforward for typical estates. Alabama has no state estate tax or inheritance tax, and the Probate Judge oversees administration directly, making the process accessible even without an attorney for simple estates.
How Probate Works in Alabama
Alabama probate is filed in the Probate Court of the county where the deceased was domiciled. The elected Probate Judge oversees administration. After the will is admitted and the executor qualifies, the executor proceeds to inventory assets, publish notice to creditors, pay debts, and distribute the estate.
Alabama requires a final settlement filed with the Probate Court before the estate can be formally closed. This accounting step adds a formal requirement even for straightforward estates, distinguishing Alabama from states with fully independent administration.
Small Estate Shortcuts in Alabama
When the gross probate estate is $25,000 or less, Alabama allows a small estate affidavit to collect personal property without opening full probate. The affidavit is filed with the Probate Court and can then be presented to banks and other institutions. Real property cannot be transferred by affidavit and requires a court proceeding.
State Estate Tax
Alabama has no state estate tax or inheritance tax. The state's estate tax was eliminated when the federal state death tax credit was phased out. Only the federal estate tax applies, and only for very large estates.
How Long Does Probate Take in Alabama?
Alabama probate typically takes 9 to 14 months. The 6-month creditor period and the required final settlement with the court drive the timeline. Jefferson County (Birmingham) and Mobile County courts handle the highest volumes; rural counties generally move faster.
Executor Compensation
Alabama executors are entitled to reasonable compensation. There is no fixed statutory rate, though courts typically allow 2–3% of the estate's value as a baseline. Higher compensation may be warranted for complex or time-intensive estates. All compensation is paid from estate funds and is subject to Probate Court approval in the final settlement.