AllowedThe court publishes its own petitions, filing guidelines, bond and inventory forms. It may require an attorney in some cases.
Accepted payment
At the counterCash, Money order, Credit card, Debit card.The court's filing guidelines say no personal checks; its wills and estates page lists checks as accepted.
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 Montgomery County, probate runs through the Probate Court at 101 South Lawrence Street, Montgomery.
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 Montgomery County
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.
Procedures at this court that affect cost: Bond amount for an administrator; Inventory due within 60 days of appointment.
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 cases in Montgomery County are filed at the Probate Court. File in person during business hours or by mail.
Beside the filing office, the court lists separate lines for Wills & Estates, Guardianships & Conservatorships, Accounting, 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 to file to probate a will
The original will, the Petition to Probate Will, waivers from the next of kin, and a certified copy of the death certificate. Wills over five pages carry an added per-page fee, and notice or a guardian ad litem adds costs assessed at the hearing.
The certificate from the Personal Representative Handbook, the Petition for Letters of Administration, a personal representative bond, and a certified copy of the death certificate. The petitioner must be an Alabama resident and the personal estate must be itemized.
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 Coroner in Montgomery County
In Alabama a death is registered locally, and in Montgomery County certified copies of the death certificate are issued by Montgomery County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.
Vital Records Office Record
Local Health Department
Montgomery County · Montgomery County Health Department
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 Montgomery County are recorded with the Judge of Probate at 101 South Lawrence Street, Montgomery, AL 36104. Phone: 1-334-832-1237.
Documents submitted by mail go to P.O. Box 223, Montgomery, AL 36101-0223.
The Judge of Probate charges $9 for the first page plus $3 for each additional page.
Montgomery County accepts electronic recording through Simplifile, CSC and ePN.
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 Montgomery 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.
Estate Planning & Trusts practice with attorneys in the Montgomery and Birmingham offices. Represents personal representatives, trustees and beneficiaries in probate and trust administrations, will contests and suits over the construction of wills and trusts, and estate and gift tax audits before the IRS.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 5 more
Montgomery firm founded in 1947 whose attorneys regularly appear before the Montgomery County Probate Court, with offices in Opelika and Tuscaloosa. Advises executors, trustees and beneficiaries in estate and trust administration, handles contested will, trust and estate matters, guardianships and conservatorships, and gift and estate tax matters before the IRS.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more
Montgomery firm serving Central Alabama clients for over 40 years. Administers probate estates and trust estates with a team approach that works alongside the personal representative or trustee and an accountant, and drafts wills, trusts, living wills and powers of attorney with estate tax planning.
Montgomery practice founded in 2016 by Nika Gholston, offering estate planning in Alabama and Georgia. Handles estate and trust administration, wills and trusts, long-term care and Medicaid eligibility planning, and guardianship matters, with virtual or in-person meetings.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 3 more
Wetumpka elder law and estate planning firm serving Autauga, Elmore and Montgomery Counties in the River Region. Handles the probate of estates, trust administration, emergency guardianships and conservatorships, Medicaid planning and VA Aid and Attendance claims, with over 30 years of combined attorney experience.
PracticesEstate PlanningTrust AdministrationProbateElder Lawand 5 more
Prattville firm with a second office on South Perry Street in Montgomery, serving clients in and around Autauga, Elmore and Montgomery counties. Its attorneys take executors through probate in the Alabama probate court, from filing the will and moving assets into the estate to paying debts and locating beneficiaries, and handle will disputes, guardianships, wills and living trusts.
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.
