Estate Planning & Probate in Mobile County, Alabama
Mobile County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Start with your situation below; both paths use Mobile County's actual court and recording details.
The Probate Process in Mobile County
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 Mobile County, probate runs through the Probate Court at 151 Government Street, Mobile.
Full Mobile County probate guide: cost, how to file & attorneys →Probate Court Record
Mobile County Probate Court
Mobile County
Phone
Hours
Office
Website
E-filing
Self-represented filing
How to file probate in Mobile County →
Verified October 15, 2026 · Source
Recording Office Record
Judge of Probate
Mobile County · Recording Office
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 16, 2026 · Source
Vital Records Office Record
Local Health Department
Mobile County · Mobile County Health Department, Vital Records
Phone
Hours
Office
Website
Certified copies
Certified copy fee
Full death certificate details →
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Mobile County · Mobile County Medical Examiner
Phone
Hours
Office
Website
Serves this county
Full coroner or medical examiner details →
Verified November 2, 2026 · Source
Local Procedures at the Probate Court
A summary distribution is started by a written petition under oath filed by the surviving spouse or, if none, by one or more distributees. The court asks for proof of death, the surviving spouse's marriage certificate or license, the original self-proving will if there is one, the names, addresses and ages of the surviving spouse, children and distributees, the status of claims and funeral expenses, and an itemized list of the assets with a value for each. Publication costs are paid directly by the petitioner. A continuance motion is a pleading: it states the reason and the position of all counsel and unrepresented parties, and one filed within 72 hours of a hearing carries the expedited handling cover sheet. A faxed motion is acted on if the original is filed within 24 hours.
Forms for Planning and Settling an Estate in Alabama
Free Alabama forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Alabama.
Last Will and Testament
In Alabama, a will is signed before 2Ala. Code § 43-8-131Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyAla. Code § 43-8-131Verified Oct 18, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Alabama, a pour-over will is signed before 2Ala. Code § 43-8-131Verified Oct 18, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Alabama requires 2Ala. Code § 22-8A-4(h)Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredAla. Code § 22-8A-4(h)Verified Oct 15, 2026View source.
Financial Power of Attorney
Alabama treats a power of attorney as durable by defaultAla. Code § 26-1A-101 et seq. (esp. §§ 26-1A-104, -105, -106, -107, -109, -113, -119, -201, -217, -301); § 26-1-1 (age of majority); § 35-4-28 (recording); §§ 19-1A-9, -10 (digital assets)Verified Sep 18, 2026View source, and it is signed with no witness or notary requirementAla. Code § 26-1A-101 et seq. (esp. §§ 26-1A-104, -105, -106, -107, -109, -113, -119, -201, -217, -301); § 26-1-1 (age of majority); § 35-4-28 (recording); §§ 19-1A-9, -10 (digital assets)Verified Sep 18, 2026View source.
Tools for Planning and Settling an Estate in Alabama
Free calculators and checklists to plan or settle an estate in Alabama: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Alabama, estates with personal property of $47,000Ala. Code § 43-2-696.02Verified Sep 8, 2026View source or less qualify for the Summary DistributionAla. Code § 43-2-696.02Verified Sep 8, 2026View source, 30 daysAla. Code § 43-2-696.02Verified Sep 8, 2026View source after death, a court procedure short of full probate.
Who Inherits Without a Will?
Without a will in Alabama, a surviving spouse takes the first $50,000 plus half of the restAla. Code § 43-8-41Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationAla. Code § 43-8-45Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Alabama costs an estimated $23,489Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Alabama Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Mobile County.
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