What to Do When Someone Dies in Mobile County, Alabama
Probate in Mobile County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Mobile County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Mobile County
Address
Phone
Fax
Hours
Departments
- Judicial251-574-6001
- Recording251-574-6040
- Records251-574-6070
- Accounting251-574-6101
- Elections251-574-6080
Mailing address: PO Box 7, Mobile, AL 36601. Located at the Mobile County Government Center Annex.
Verified July 3, 2026 · Source
How Probate Works 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.
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. The 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Mobile County
What probate costs in Mobile 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 151 Government Street, Mobile.
Probate matters are handled through Judicial, Recording, Records, and Accounting. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Self-represented litigants may file in paper. These are county-specific and not posted on the statewide court site.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Sep 8, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://alafile.alacourt.gov/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is based on reasonable pay for time and effort — the states that do set a schedule pay 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of estate value. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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. The 6 monthsAla. Code § 43-2-350Verified Sep 8, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate documents in Mobile County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Filings here are routed through Judicial, Recording, Records, and Accounting. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
For a full cost comparison and filing checklist, see the Mobile County Self-Filing Assessment.
Mobile County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants may file in paper
Self-represented (pro se) litigants are not required to use AlaFile electronic filing. Paper filing is available at the probate court for all filings.
SourceWhat to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Mobile County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Judge of Probate.
Recording Office Record
Judge of Probate
Mobile County · C. Mark Erwin
Address
Phone
Fax
E-recording
Recording fees
| Base fee (first page) | $15.5 |
| Each additional page | $2.5 |
Mobile County charges $2.50 per page plus a $1.00 recordation stamp, a $2.00 Special Recording Fee (Local Act 98-646) on every instrument, and a $10.00 Mobile County Special Tax (Local Act 87-616) on all taxable documents — $15.50 for a one-page deed, $18.00 for two pages. Deed tax $0.50 per $500 of value. A non-taxable instrument (e.g. a release of mortgage or a miscellaneous document) does not carry the $10.00 Special Tax and is correspondingly cheaper; releases of mortgages or vendor's liens are $1.00 (12-19-90(b)(31)) + $1.00 stamp + $2.00 SRF. Note: Mobile's own fee page attributes the $1.00 recordation stamp to Ala. Code 12-19-90(b)(20), but that subsection actually reads "Each certificate without seal ..... 3.00" (re-verified verbatim 2026-09-04); the $1.00 stamp is a local charge, not a statewide statutory fee. Mobile's $2.50 per-page fee is BELOW the $3.00 statutory floor in 12-19-90(b)(22).
Ala. Code 12-19-90(b)(22); Ala. Code 40-22-1(c); Mobile County Local Act 98-646 (Special Recording Fee); Mobile County Probate Court published fee schedule
Transfer tax
$0.50 per $500 of value of the property conveyed, or fraction thereof (Ala. Code 40-22-1(c)). Transfer-on-death deeds are generally exempt (Non-operative: Alabama has no transfer-on-death deed. Ala. Code Title 35 has no TOD deed chapter and Chapter 4 (35-4-1 to 35-4-435) has no TOD deed article, and the only Transfer on Death act in the Code (Ala. Code 8-6-140 to 8-6-151) covers securities registration, not real property. No TOD deed can be presented for recording in Alabama.). Alabama recordation tax is collected by the Judge of Probate at the time of recording (Ala. Code 40-22-1(d)-(e)). The tax is measured on the VALUE of the property conveyed, not on the consideration paid — 40-22-1(c) requires proof of actual value where the property has not been sold, so a no-consideration gift deed is still taxed on the property value. The nominal-consideration exemption in 40-22-1(b)(2) reaches only deeds "executed for a nominal consideration for the purpose of perfecting the title to real estate." Mortgages are taxed separately at $0.15 per $100 of indebtedness (Ala. Code 40-22-2(1)a.).
Recording department phone: 251-574-6040. Mailing address: PO Box 7, Mobile, AL 36601. SOS lists the main switchboard as 251-574-6000.
Verified September 4, 2026 · Source
Probate Attorneys Serving Mobile County
Alabama uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Mobile County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Alabama are based on reasonable compensation — typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Sep 8, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Mobile 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.
South Alabama Firms
Drinkard & Barber, P.C.
FirmMobile estate and trust practice focused on revocable living trusts, wills, probate administration, special needs trusts, and corporate entity formation for Alabama and Southern Mississippi clients.
Location
1070 Government StreetMobile, AL 36604
Phone
(251) 620-6655
Service Area
2 counties
Holt & Associates
FirmOver 50 years of experience preserving legacies and guiding clients through Alabama's probate process.
Location
29000 US Highway 98, Suite A-201Daphne, AL 36526
Phone
(251) 937-4111
Established
1976
Service Area
2 counties
Page Ellis - Mobile Probate Law
Solo PracticeFocused exclusively on probate-related matters. Assists individuals and families in all stages of probate and trust administration in Mobile and Baldwin County.
Location
164 Saint Francis StreetMobile, AL 36602
Phone
(251) 433-7272
Service Area
2 counties
Southern Estate Lawyers
FirmMobile and Baldwin County firm pairing proactive estate planning with estate and trust litigation, guiding families through probate administration, contested estates, and trust disputes along the Gulf Coast. Offers home and hospital visits for clients who cannot travel to the office.
Location
6001 Airport Boulevard, Suite 200AMobile, AL 36608
Phone
(251) 948-2168
Service Area
2 counties
The LADD Firm
FirmMobile estate planning firm serving Mobile and Baldwin counties since 1995. Practice covers wills, trusts, probate, special needs planning, long-term care planning, powers of attorney, elder law, and nursing home pre-planning.
Location
41 West I-65 Service Road North, Suite 305Mobile, AL 36608
Phone
(251) 431-6014
Established
1995
Service Area
2 counties
The Law Offices of Brenton C. McWilliams
FirmBoutique estate planning practice serving Baldwin County with four office locations. Specializes in estate planning, probate, elder law, asset protection, and Medicaid planning.
Location
25814 Canal Road, #5Orange Beach, AL 36561
Phone
(251) 215-9275
Service Area
2 counties
Wilkins, Bankester, Biles & Wynne, P.A.
FirmFairhope and Bay Minette firm with over 40 years of experience drafting wills, living trusts, powers of attorney, and advance directives, and handling probate administration and will contests for Baldwin County families.
Location
9 South Summit StreetFairhope, AL 36532
Phone
(251) 928-1915
Service Area
2 counties
Statewide Practices
Eastwood Estate and Probate Law
Solo PracticeEstates opened in 47 Alabama counties. Provides estate planning, probate and estate administration, estate and trust litigation, guardianships and conservatorships, and elder law services.
Location
2001 Park Place, Suite 510Birmingham, AL 35203
Phone
(205) 319-9995
Service Area
Statewide
The Harris Firm, LLC
FirmServing Alabama since 2005. Jefferson County probate lawyers and estate planning attorneys dedicated to giving clients peace of mind and expert legal support.
Location
2101 1st Avenue North, Suite 320Birmingham, AL 35203
Phone
(205) 201-1789
Established
2005
Service Area
Statewide
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.
Legal Sources
- Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
- Ala. Code § 43-2-350
- Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)
- Ala. Code § 43-2-851
- Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Mobile County, attaching the original will (if any), the death certificate, and the filing fee ($45). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $23,489 statewide in Alabama. For Mobile County, that means filing fees ($45 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Probate Court in Mobile County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Alabama self-filing assessment scores whether this estate can be handled without one.
A simple Alabama probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Mobile County probate.
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