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Home→Tools→Executor Duties Checklist→Alabama

What Are My Duties as Executor in Alabama?

Step-by-step guide for executors navigating probate, from filing the will to closing the estate.

Frequently Asked Questions

An executor (or personal representative) in Alabama is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in Alabama starts at approximately $45.Ala. Code §§ 43-2-680 + 43-2-848 (executor compensation), 43-2-682 (attorney fees), 43-2-691, 43-2-692, 43-2-698 (small estate / Summary Distribution; HB164 / Act 2025-431, eff. Oct 1, 2025), 43-8-110/111/112/116 (homestead, exempt property, family allowance, CPI adjustment), 43-2-350 (creditor claims), 43-2-851 (bond), 43-2-834 (informal admin), 43-2-61 (publication), 12-19-90 (filing fees); Alabama State Treasury CPI Information page (treasury.alabama.gov/cpi-information) for current $18,800/$18,800/$9,400 allowances effective April 1, 2024 (next CPI adjustment July 1, 2026, effective April 1, 2027). Re-verified 2026-05-31 via enrolled HB164-enr.pdf (alison.legislature.state.al.us), treasury.alabama.gov/cpi-information, and legis.alabama.gov primary sources — all values confirmed correct.Verified May 31, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Alabama requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 6 months to file claims.Ala. Code §§ 43-2-680 + 43-2-848 (executor compensation), 43-2-682 (attorney fees), 43-2-691, 43-2-692, 43-2-698 (small estate / Summary Distribution; HB164 / Act 2025-431, eff. Oct 1, 2025), 43-8-110/111/112/116 (homestead, exempt property, family allowance, CPI adjustment), 43-2-350 (creditor claims), 43-2-851 (bond), 43-2-834 (informal admin), 43-2-61 (publication), 12-19-90 (filing fees); Alabama State Treasury CPI Information page (treasury.alabama.gov/cpi-information) for current $18,800/$18,800/$9,400 allowances effective April 1, 2024 (next CPI adjustment July 1, 2026, effective April 1, 2027). Re-verified 2026-05-31 via enrolled HB164-enr.pdf (alison.legislature.state.al.us), treasury.alabama.gov/cpi-information, and legis.alabama.gov primary sources — all values confirmed correct.Verified May 31, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Alabama allows estates valued at $47,000 or less to use a Summary Distribution.Ala. Code §§ 43-2-680 + 43-2-848 (executor compensation), 43-2-682 (attorney fees), 43-2-691, 43-2-692, 43-2-698 (small estate / Summary Distribution; HB164 / Act 2025-431, eff. Oct 1, 2025), 43-8-110/111/112/116 (homestead, exempt property, family allowance, CPI adjustment), 43-2-350 (creditor claims), 43-2-851 (bond), 43-2-834 (informal admin), 43-2-61 (publication), 12-19-90 (filing fees); Alabama State Treasury CPI Information page (treasury.alabama.gov/cpi-information) for current $18,800/$18,800/$9,400 allowances effective April 1, 2024 (next CPI adjustment July 1, 2026, effective April 1, 2027). Re-verified 2026-05-31 via enrolled HB164-enr.pdf (alison.legislature.state.al.us), treasury.alabama.gov/cpi-information, and legis.alabama.gov primary sources — all values confirmed correct.Verified May 31, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Alabama allows executors to receive reasonable compensation.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 31, 2026 Typical executor fees range from 2% to 5% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Alabama executor fee calculator.

Probate costs in Alabama include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Alabama probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in Alabama

The first step as executor in Alabama is filing the will and petition for probate with the court. Filing fees start at $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified May 31, 2026. Once appointed, the court issues letters testamentary (or letters of administration if there is no will), which authorize the executor to act on behalf of the estate.

Alabama requires 6 monthsAla. Code § 43-2-350Verified May 31, 2026 for creditors to file claims. During this period, the executor inventories assets, pays valid debts, and manages estate property. Estates under $47,000Ala. Code § 43-2-698Verified May 31, 2026 may qualify for streamlined procedures that reduce both time and expense.

Executor compensation in Alabama typically ranges from 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 31, 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 31, 2026 of the estate value. Courts evaluate fees based on estate complexity and time spent. The Alabama executor fee calculator provides a detailed estimate.

The probate timeline in Alabama starts at 6 monthsAla. Code §§ 43-2-680 + 43-2-848Verified May 31, 2026 for straightforward estates. A revocable living trust avoids this timeline altogether — assets transfer to beneficiaries without court involvement. For estates in probate, the Alabama creditor claims guide outlines key deadlines.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
  • Ala. Code § 43-2-350
  • Ala. Code § 43-2-698
  • 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.

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Alabama Estate Planning Resources

In-depth guides covering Alabama probate laws, trust requirements, and estate planning strategies.

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