OptionalE-filing runs through the court's Benchmark Web portal, which attorneys register to use. The court's judicial forms are available to attorneys only, from inside the portal.
Accepted payment
At the counterCheck, Credit card.Checks payable to Mobile County Probate Court. Court costs can be paid by card online through Benchmark Web or by phone at 1-855-436-6812 (5% fee by phone).
County forms
Petitioner Information SheetContact information for the petitioner, filed with the initial pleadings in a judicial case.
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. 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 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.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source to open a probate case. 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 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.
Beside the filing office, the court lists separate lines for Judicial, Decedents' Estates, Recording, and Records.
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.
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Document Requirements
What a summary distribution petition must carry
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.
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 Medical Examiner in Mobile County
In Alabama a death is registered locally, and in Mobile County certified copies of the death certificate are issued by Mobile County Health Department, Vital Records as well as by Alabama Department of Public Health - Center for Health Statistics.
Vital Records Office Record
Local Health Department
Mobile County · Mobile County Health Department, Vital Records
The last customer is taken at about 4 p.m. because the forms can take 20 to 30 minutes. Death certificate recording in Mobile began in 1820; the state's file begins in 1908.
Burial and cremation permits
Issued byMobile County Health Department, Vital Records
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 Mobile County are recorded with the Judge of Probate at 151 Government Street, Mobile, AL 36602. Phone: 1-251-574-6040. Hours: Monday-Friday 8:00 AM-5:00 PM.
Documents submitted by mail go to P.O. Box 7, Mobile, AL 36601.
The Judge of Probate charges $16 for the first page plus $3 for each additional page.
Mobile County accepts electronic recording through CSC, ePN and Simplifile.
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
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 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.
Mobile firm in One St. Louis Centre, practicing since 1897 and serving Mobile and Baldwin counties. Its probate attorneys help executors identify and appraise estate assets, file court documents, pay debts and estate taxes, sell property and distribute assets to beneficiaries, and represent families when a will is contested. Its trust and estate attorneys hold advanced taxation degrees.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
Mobile firm founded by Banks C. Ladd in 1995, serving Mobile and Baldwin counties with a second office in Biloxi, Mississippi. Represents personal representatives in probate in both counties and prepares wills, trusts, special needs plans and long-term care plans. Trust design meetings can be held by Zoom.
Montgomery firm on Dexter Avenue that has represented Alabama clients since the 1890s, with a second office in Mobile. Represents personal representatives, trustees and beneficiaries in probate administration, ancillary probate estates, trust administration and probate litigation over contested wills.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 2 more
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.
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.
