Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Choctaw County, probate runs through the Probate Court at 117 South Mulberry Avenue, Suite 9, Butler.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Alabama intestacy law when there is no will.
Most Alabama estates take 12 months to 18 months to move through this process. Creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.
What Probate Costs in Choctaw County
What probate costs in Choctaw County, Alabama comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 117 South Mulberry Avenue, Suite 9, Butler.
Alabama's statutory fee for probating a will or granting letters of administration is $45, with $3 for each page beyond five on a will and beyond ten on a final settlement. Local acts set higher charges in many counties, from $45 in Shelby and Mobile to $175 for a will in Jefferson. The estate pays the county probate court's own scheduleAla. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Alabama allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payAla. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Ala. Code § 43-2-851Verified Sep 8, 2026View source of estate value annually.
Probate in Alabama typically runs 12 months to 18 months, and costs accrue throughout that period.
How to File Probate at the Probate Court
Probate cases in Choctaw County are filed at the Probate Court. File in person during business hours or by mail.
Can You File Without an Attorney?
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Filed with the opening petition at the Probate Court: Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate; Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issueAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Aug 24, 2026View source.
Death Certificates and the Coroner in Choctaw County
In Alabama a death is registered locally, and in Choctaw County certified copies of the death certificate are issued by Choctaw County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Judge of Probate.
Deeds and other real property documents for Choctaw County are recorded with the Judge of Probate at 117 South Mulberry Avenue, Suite 9, Butler, AL 36904. Phone: 1-205-459-2414.
The Judge of Probate charges $3 for the first page plus $3 for each additional page.
Alabama allows independent administrationAla. Code § 43-2-834Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Alabama are based on reasonable compensation, billed hourly or as a flat fee. Ask a Choctaw County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Downtown Enterprise practice near the Coffee County Courthouse, Enterprise Division, working primarily in Coffee County. Ashley Cranford Marshall handles estate and probate work, will drafting and guardian nominations for children, including for military families, and also mediates. Virtual consultations are available.
Greensboro Avenue practice a short walk from the Tuscaloosa County Probate Court, taking estates in Tuscaloosa County and across Alabama. Luke Barry handles probate from petition to closing, trust and estate administration with accountings and estate tax returns, and will contests and trust disputes. Flat fees are quoted before work starts.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Office
601 Greensboro Avenue, Suite 290Tuscaloosa, AL 35401
Government Street firm founded by Vaughan Drinkard, Jr. in 1977, serving Mobile and the surrounding areas, Alabama and Southern Mississippi. It handles probate administration, including the paperwork, filings and court proceedings to settle an estate, along with revocable living trusts, wills and business entity formation. Partner Tara Drinkard Barber is admitted in Alabama and Mississippi.
Downtown Birmingham firm in the Renasant Bank Building, a short walk from the Jefferson County Courthouse, practicing mainly in Jefferson and Shelby counties with estates open in 47 Alabama counties. Lindsey Eastwood handles probate and estate administration and litigates will contests, undue influence claims, beneficiary designation disputes and fiduciary breaches by executors and trustees.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
Birmingham firm founded in 2007 that practices probate and estate planning statewide from offices in Birmingham, Chelsea, Huntsville and Montgomery. It opens, administers and closes estates with or without a will, including small estates by summary distribution, and administers trusts after a death. Probate phone consultations are free; in-person consultations are $100.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 3 more
Office
2101 1st Avenue North, Suite 320Birmingham, AL 35203
Daphne firm on U.S. Highway 98 representing executors, beneficiaries and family members in probate, guardianship and conservatorship matters across Baldwin and Mobile counties. It handles will contests and disputes over executor conduct, accountings and creditor claims, along with trust administration. Consultations are held in Daphne or by Zoom.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Alabama statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Alabama
Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Alabama.
How Do I Settle an Estate?
Settling an estate in Alabama: the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment; creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.
See the Steps
How Do I Settle a Trust?
Settling a trust in Alabama happens outside court: the trustee acts under the state's Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysAla. Code §§ 19-3B-813, 19-3B-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
See the Steps
Can I Self-File Probate?
In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.
Enter the estate value to see Alabama attorney fees, executor fees, court costs and the timeline.
Examples:
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
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See whether you can file probate yourself
Enter the estate value to see whether Alabama lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
