How Much Does It Cost to Probate a Will in Alabama?

If you are facing the possibility of the probate process, you may be wondering how much does it cost to probate a Will in Alabama? Determining these costs is the result of many different factors, and the influence each has on the final balance can vary. Understanding, however, what contributes to the costs can empower you to work with your skilled probate lawyer to determine a fair estimate based on your unique circumstances.

Factors that Affect the Cost of Probating a Will in Alabama

One of the biggest components of a probate case that can significantly impact the overall cost is the size of the estate, which goes hand in hand with the complexity of the assets. Larger estates take longer to inventory, which must be completed within a two-month window of time.

When the estate is particularly large or when certain assets are difficult to identify, this task can be rather difficult. Taking inventory of the estate can, consequently, get costly if professional accountants, land surveyors, and/or appraisers are called in to assess the estate in an efficient and timely manner.

This part of the process can only be avoided if the Will includes an express provision that exempts the personal representative from filing an inventory of the assets.

Another factor in the cost of probating a Will is the area of the state in which the Will must be probated. While the costs are evident across the state, the actual price for things like court fees, probate bonds, and other costs can vary from one county to another. If the executor must travel to the county where the Will must be probated, this too can add to the cost.

Another influential cost of probating a will is the fees of the probate attorney. You should assume that you do, in fact, need a probate attorney, which makes the process much more straightforward and time-efficient. The price of an Alabama probate attorney can also vary from one to the next, depending on how they charge, such as hourly, flat fee by the case, a starting retainer, or other unique fee structures.

In addition, the executor of a Will is entitled to a fee for their time, and the estate is also subject to estate taxes when the value of the estate exceeds the yearly threshold. However, tax deductions from the gross estate can be deducted, such as a property’s mortgage, administration expenses of the estate, and property that is given to some spouses and charities.

How to Avoid the Cost of Probating a Will

There are certain conditions that can guarantee a Will won’t require passage through probate court, thus avoiding getting hung up in the process. One circumstance of this is when an estate is worth less than $37,075 and does not include any real property. This value can fluctuate with the Consumer Price Index. A summary distribution probate procedure can be used after 30 days to validate an estate without probate.

Also, if a testator sets up a living trust in their estate planning and puts all their assets in the trust, their Will does not need to go through probate court. Additionally, if all assets were established or revised to be payable or transferable upon death, these accounts or resources are automatically paid to the beneficiary of the account without any need for a Will.

If the individual, also called the custodian, has possession of the Will, they may opt to self-file a Will at the Morgan County courthouse without hiring an attorney. The Morgan County Clerk processes all probate paperwork.

Many individuals choose to self-file probate documents in Alabama to save money, but they’re often surprised by the time the probate process can take—especially if paperwork is returned due to errors. When this happens, court fees and delays can quickly add up. A knowledgeable Alabama probate lawyer can help ensure everything is done correctly the first time, saving you time and unnecessary stress.

FAQs

How Much Does an Attorney Charge to Probate a Will in Alabama?

Probating a Will in Alabama is not just a one-step act. It is a complex process that takes months, and depending on the complexity of the estate, the cost of a probate attorney can be expensive. However, whether an estate is big or small, any expenses incurred in probate will be taken from the gross estate once all its assets are inventoried and debts are paid.

Do You Need a Lawyer to Probate a Will in Alabama?

You do not need a lawyer to probate a Will in Alabama. While a probate lawyer is not required, it makes the process much easier from start to finish when there is someone navigating the process who is familiar with Alabama estate and probate laws and can move the case along without the delays that are likely without an attorney overseeing the process.

How Much Does an Estate Have to Be Worth to Go to Probate in Alabama?

The maximum value of an estate in Alabama for 2025 that avoids probate is $37,050. This amount increases each year in small increments and is adjusted according to the Consumer Price Index. An estate valued over this amount is required to go through probate if there are no other factors that would otherwise exempt it.

What Happens if You Don’t Probate in Alabama?

If an estate is not probated, whether there is a Will or not, after five years, the estate will be subject to Alabama’s intestate laws, which means assets will be dispersed according to the priority of relatives, and after debts are paid. This is not typically in the interest of the beneficiaries and may not align with the testator’s wishes.

Meet Our Alabama Probate Attorney Team to Discuss Your Case

When someone passes away, whether they leave a Will or not, their estate must go through probate, but it is very hard to predict what the cost of this will be. If you or a loved one is facing the probate process, contact the Law Office of Brad Phillips, LLC. Our team will evaluate your unique circumstances and help you understand not only the process but also the costs you could expect.