How Much Does Probate Cost in Montgomery County, Alabama?
Understanding what probate costs before you start helps you plan and avoid surprises. Here's what families in Montgomery County can expect.
What probate costs in Montgomery 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 101 South Lawrence Street, Montgomery.
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 § 12-19-90Verified May 20, 2026 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 2%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified May 20, 2026 to 4%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified May 20, 2026 of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Ala. Code §§ 43-2-680, 43-2-848 (capped at 2.5% of receipts + 2.5% of disbursements; court may award more for extraordinary services)Verified May 20, 2026 to 5%Ala. Code §§ 43-2-680, 43-2-848 (capped at 2.5% of receipts + 2.5% of disbursements; court may award more for extraordinary services)Verified May 20, 2026 of estate value, based on reasonable pay for time and effort. 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 May 20, 2026 of estate value annually.
Probate in Alabama typically runs 12 monthsAla. Code §§ 43-2-680 + 43-2-848Verified May 20, 2026 to 18 monthsAla. Code §§ 43-2-680 + 43-2-848Verified May 20, 2026, and costs accrue throughout. The 6 monthsAla. Code § 43-2-350Verified May 20, 2026 creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
Legal Sources
- Ala. Code § 12-19-90
- Ala. Code § 43-2-350
- Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)
- Ala. Code § 43-2-851
- Ala. Code §§ 43-2-680 + 43-2-848
- Ala. Code §§ 43-2-680, 43-2-848 (capped at 2.5% of receipts + 2.5% of disbursements; court may award more for extraordinary services)
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
Total probate costs usually run 3–8% of the estate value. For Montgomery County, that means filing fees ($111 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
The petition to open probate costs $111 in Montgomery County. Additional filings during administration (inventory, accounting, final petition) can add to the total. The calculator above shows the full picture.
Alabama uses "reasonable fees" — usually hourly billing or a percentage of the estate. Typical range is 2%–4% of estate value, negotiable based on complexity.
Alabama allows "reasonable" executor compensation, typically 1–5% of estate value depending on complexity. Family executors often waive fees because the fee is taxable income while an inheritance is not.
Yes. Alabama estates under $47,000 can use a Summary Distribution and avoid most probate costs. Check the Alabama self-filing assessment to see if this applies.
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 Montgomery County probate.
Probate Court
Montgomery County
101 South Lawrence Street
Montgomery, AL 36104
Phone:
334-832-1241Hours:
Monday - Friday, 8:00 AM - 4:30 PM
Paper Filing Available
E-Filing Optional
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