How Does Probate Work in Mobile County, Alabama?
Losing someone you love is hard enough without the confusion of legal paperwork. In Mobile County, estate size determines the process—smaller estates under $47,000 can often avoid full probate. The Probate Court accepts filings in person and online.
Filing at the Probate Court
Probate Judge Hon. C. Mark Erwin presides over probate matters at the Probate Court. The clerk's office is open Monday - Friday, 8:00 AM - 5:00 PM.
E-filing is available but optional in Mobile County. Many families filing without an attorney prefer paper filing at the clerk's office.
Self-represented (pro se) litigants are not required to use AlaFile electronic filing. Paper filing is available at the probate court for all filings.
The court operates across 5 locations in Mobile County. Probate filings may need to go to a specific location—check with the clerk's office before your visit.
Do I Need Probate?
Families in Mobile County often discover that probate isn't automatic—it depends on how the deceased held title to their property and whether beneficiary designations were in place.
If the deceased used a revocable living trust, those assets transfer to beneficiaries without court involvement. The same goes for life insurance, retirement accounts with designations, and joint tenancy property. What's left—assets in the deceased's name only—is what goes through the Probate Court.
The simplified procedure in Alabama only covers estates under $47,000Ala. Code § 43-2-698Verified May 5, 2026, which means most estates with a house or significant assets will need full probate at the Probate Court.
Find out whether this estate needs to go through the Probate Court:
Opening probate at the Probate Court requires several documents: the original will (or proof there isn't one), a certified death certificate, and an accounting of the estate's assets. Title documents, bank statements, and vehicle registrations all help establish what's included.
The Probate Court offers informal probate for uncontested estates—less court involvement and a simpler process when all beneficiaries agree.
Who Inherits Without a Will?
Without a valid will, inheritance in Mobile County is governed by Alabama statute rather than the deceased's wishes. The law assigns shares based on family structure—and the default distribution often catches families off guard.
Check who would inherit this estate based on Alabama's rules:
Surviving spouses in Alabama can elect to take 33.33%Ala. Code §§ 43-8-70, 43-8-73Verified May 5, 2026 of the estate regardless of the will. This election must be filed at the Probate Court within 180 daysAla. Code §§ 43-8-70, 43-8-73Verified May 5, 2026 of receiving probate notice.
Alabama provides constitutional homestead protection (up to $18,800Ala. Const. Art. X, §§ 205-206; Ala. Code §§ 43-8-110, 43-8-116Verified May 5, 2026 in value). The surviving spouse has a lifetime right to remain in the primary residence, and creditors cannot force its sale to satisfy estate debts.
The Probate Court can approve a family allowance of up to $18,800Ala. Code §§ 43-8-112, 43-8-113, 43-8-116Verified May 5, 2026 for the surviving spouse and minor children during probate. This is paid before creditors.
Creditors must be notified through newspaper publication in Mobile County for 3Ala. Code §§ 43-2-350, 43-2-354, 43-2-371Verified May 5, 2026 consecutive weeks, and known creditors receive direct written notice. The claim deadline is 6 monthsAla. Code §§ 43-2-350, 43-2-354, 43-2-371Verified May 5, 2026 from first publication.
Alabama has adopted digital asset access laws, allowing executors to manage the deceased's email, social media, and online accounts as part of estate administration.
Property owned in other states requires separate "ancillary" probate proceedings in each state. Alabama recognizes out-of-state personal representatives, which simplifies the process for families.
Legal Sources
- Ala. Code § 43-2-698
- Ala. Code §§ 43-2-350, 43-2-354, 43-2-371
- Ala. Code §§ 43-8-112, 43-8-113, 43-8-116
- Ala. Code §§ 43-8-70, 43-8-73
- Ala. Const. Art. X, §§ 205-206; Ala. Code §§ 43-8-110, 43-8-116
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
The Probate Court for Mobile County is located in Mobile, Alabama. Full address, phone, hours, and e-filing details are listed on this page.
A simple probate in Alabama typically closes in 6–12 months. Average estates run 12–18 months. Complex estates with disputes or tax issues can take 18–36 months. Timing in Mobile County tracks the state range unless the docket is unusually backed up.
No. Alabama allows estates under $47,000 to use a Summary Distribution and skip formal probate. The waiting period is 30 days after death. Use the Alabama probate decision tool to see if the estate qualifies.
When there is no will, Alabama's intestate succession rules decide who inherits. Spouses, children, and parents are prioritized in that order. The Mobile County probate court applies the state rules without variation. See who inherits in Alabama for the exact order.
A revocable living trust is the cleanest way for most families to skip probate entirely. Assets titled to the trust pass to beneficiaries without court involvement, filing fees, or the Mobile County probate docket. Create a revocable trust online to avoid putting your family through this process later.
Probate Court
Mobile County
151 Government Street
Mobile, AL 36602
Phone:
251-574-6000Fax:
251-574-6005
Hours:
Monday - Friday, 8:00 AM - 5:00 PM
Paper Filing Available
E-Filing Optional
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