Overview
Mobile County is located in Alabama with a population of approximately 412,339. The Mobile County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Alabama probate is governed by Title 43 of the Code of Alabama. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Letters of Administration (if no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Alabama offers a simplified procedure known as Summary Distribution for small estates. As of the Revised Alabama Small Estates Act effective October 2025, this is available for estates where the value does not exceed the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 for 2026).
Alabama law provides for statutory fees for personal representatives, typically calculated as a percentage of the estate's value (2.5% of receipts and 2.5% of disbursements), though the court may allow additional compensation for extraordinary services.
This guide provides an informational overview of the Mobile County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Mobile County Probate Court
Probate matters in Mobile County are handled at the Mobile County Government Center Annex.
Address: 151 Government St, Mobile, AL 36602
Phone: (251) 574-6001 (Judicial Division)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is located in downtown Mobile, adjacent to the Government Plaza. The Judicial Division handles wills, estates, adoptions, and guardianships.
Parking and Access
Public parking is available in the parking garage attached to Government Plaza and in various surface lots and street parking spots surrounding the courthouse. Security screening is required for entry into the Government Center Annex.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estate): If the estate consists of personal property only and does not exceed the statutory threshold (approx. $47,000 for 2026), you may qualify for a simplified summary distribution.
- Survivorship: Assets held in joint tenancy with rights of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Administration with the Mobile County Probate Court. Include:
- Petition for Probate of Will (or Letters of Administration)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (varies, typically $50-$100 for the petition plus recording fees)
- Waivers and Consents from heirs (if applicable)
The Mobile County Probate Court accepts filings in person, by mail, or through e-filing for attorneys.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if they have not waived notice).
- Publish notice to creditors in a newspaper of general circulation in Mobile County (such as Call News or Lagniappe) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition, hears any objections, and if approved, admits the will to probate and issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed
- Inventory and appraise all estate assets within 2 months of appointment
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final settlement and petition for discharge
Local Requirements
Mobile County-Specific Procedures
- Local Forms: The Mobile County Probate Court provides specific forms for many procedures on their website.
- E-Filing: Electronic filing is available for attorneys through the court's online system.
- Bond: A surety bond is generally required for personal representatives unless waived in the will or by all heirs/beneficiaries.
- Publication: Notice to creditors must be published in a county-approved newspaper like Call News or Lagniappe.
- Judicial Division: All probate matters are processed through the Judicial Division of the Probate Court.
Always check with the court clerk for the most current local rules and filing requirements.
Timeline & Fees
Filing Fees (Mobile County)
- Petition for Letters: approximately $50.00 - $100.00 (plus recording fees)
- Recording Fee: $3.00 for the first page, $1.00 for each additional page (plus $1.00 transaction fee)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Small Estate (Summary Distribution): approximately $50.00 - $100.00
Alabama law allows for a personal representative fee of 2.5% of ordinary receipts and 2.5% of ordinary disbursements, plus reasonable compensation for extraordinary services.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (with a convenience fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
The 6-month creditor claim period is a mandatory statutory minimum in Alabama.
Local Resources
Mobile County Court Resources
- Court Website: probate.mobilecountyal.gov
- Judicial Division: probate.mobilecountyal.gov/judicial
- Alabama Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Mobile Bar Association: (251) 433-9790 — Lawyer Referral Service
- Legal Services Alabama: (251) 433-6560 — Legal aid for low-income residents
- Alabama State Bar: alabar.org
Publication
- Call News: (251) 661-8222 — Legal notices
- Lagniappe: (251) 450-4466 — Legal notices