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Home→Tools→Self-File Probate Assessment→Alabama

Do I Need a Lawyer for Probate in Alabama?

Find out if you can handle probate yourself, see estimated cost savings vs. hiring an attorney, and get a step-by-step filing checklist.

Frequently Asked Questions

Yes, Alabama offers informal probate procedures that are designed to be manageable without attorney representation.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 process is most straightforward for simple estates with clear wills and cooperative beneficiaries.

Court filing fees in Alabama vary by county.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 Self-filing costs typically include the court petition fee, publication costs, and bond premiums. The filing fee is a fraction of total probate costs. See a full breakdown with the Alabama probate calculator.

Simple estates in Alabama typically take 6-12 months.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 6-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.

Alabama allows Summary Distribution for estates with personal property under $47,000.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 There is a 30-day waiting period. These procedures are simpler than formal probate and well-suited for self-filing.

The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The Alabama probate calculator shows the attorney fee component.

The probate process in Alabama typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The Alabama executor checklist outlines every step from filing to final distribution.

Self-Filing Probate in Alabama

Informal probate is available in Alabama (YesAla. Code § 43-2-834Verified May 31, 2026), making self-filing more feasible than in states requiring supervised administration. Alabama's UPC adoption status is NoAla. Code §§ 43-2-680 + 43-2-848Verified May 31, 2026. The process is most straightforward for simple, uncontested estates.

The primary savings from self-filing come from eliminating attorney fees. Court filing fees ($45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified May 31, 2026), publication costs, and executor compensation remain the same. The Alabama probate calculator shows the full cost breakdown.

Alabama offers simplified procedures for estates under $47,000Ala. Code § 43-2-698Verified May 31, 2026. These are the easiest probate-related filings to handle without an attorney and involve minimal court interaction.

Simple estates in Alabama typically close in 6 monthsAla. Code §§ 43-2-680 + 43-2-848Verified May 31, 2026 to 12 monthsAla. Code §§ 43-2-680 + 43-2-848Verified May 31, 2026. Self-filed probate follows the same timeline as attorney-filed cases. The Alabama executor checklist outlines each step from filing to final distribution.

SimplyTrustSimplyTrust Editorial·Updated May 31, 2026

Legal Sources

  • Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
  • Ala. Code § 43-2-698
  • Ala. Code § 43-2-834
  • Ala. Code §§ 43-2-680 + 43-2-848

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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Cost comparison vs. hiring an attorney

This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.

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