Where do I file for probate in Mobile County, AL?

Probate petitions for estates in Mobile County are filed at the Mobile County Probate Court. Contact the court directly for filing instructions and office hours.

How much does probate cost in Mobile County?

Probate filing fees in Mobile County, Alabama vary based on the estate value and type of petition. Contact the probate court clerk for the current fee schedule.

Assets held in trusts, joint tenancy, or with designated beneficiaries (like life insurance and retirement accounts) can pass outside of probate. Consult with an estate planning attorney for strategies specific to your situation.

Do I need a lawyer for probate in Mobile County?

While not always legally required in Alabama, a probate attorney is recommended for most estates, especially those involving real estate, business interests, or potential disputes among heirs.

What happens if someone dies without a will?

When someone dies intestate (without a will) in Alabama, their assets are distributed according to state intestacy laws. The Mobile County Probate Court will appoint an administrator to manage the estate.

Mobile County Probate Court, Alabama

Q: How long does probate take in Alabama?

Probate in Alabama typically takes 6 to 18 months. Timeline depends on estate complexity, creditor claims, and whether the will is contested.

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Probate in Mobile County, Alabama

The Mobile County Probate Court handles all matters related to the estates of deceased persons, including the validation of wills, appointment of executors and administrators, and the supervised distribution of assets. If you need to file for probate in Mobile County, AL, this guide covers what you need to know.

What Is Probate?

Probate is the legal process of settling a deceased person's estate. It involves validating the will (if one exists), identifying and inventorying assets, paying debts and taxes, and distributing remaining property to heirs and beneficiaries. In Alabama, the probate court in each county oversees this process.

When Is Probate Required in Alabama?

Probate is generally required when:

The deceased owned real estate solely in their name
The estate contains assets above Alabama's small estate threshold
There are disputes among heirs or creditors
Assets are not held in a trust or joint tenancy

Steps to File for Probate in Mobile County

Locate the will (if one exists) and gather the death certificate
File a petition with the Mobile County Probate Court to open probate
Notify heirs and creditors as required by Alabama law
Inventory the estate — identify all assets, debts, and liabilities
Pay debts and taxes — settle outstanding obligations from estate funds
Distribute remaining assets — according to the will or state intestacy laws
Close the estate — file a final accounting with the court

How Long Does Probate Take?

In Alabama, probate typically takes 6 to 18 months depending on the complexity of the estate. Simple estates with no disputes may be resolved faster, while contested wills or complex asset distributions can take longer.

Do You Need a Probate Attorney?

While Alabama does not always require an attorney for probate, it is strongly recommended, especially for estates with significant assets, real estate, business interests, or potential disputes. A local probate attorney familiar with Mobile County Probate Court procedures can help navigate the process efficiently.

Resources

For more information about the probate process, visit the Mobile County Probate Court directly or consult with a local probate attorney. You can also explore tools like EverSettled for step-by-step estate settlement guidance.

Additional Notes

The Mobile County Probate Court is located in the Mobile County Government Center Annex building. The court has original jurisdiction over estate administration, will probate, guardianship, conservatorship proceedings, adoptions, name changes, and related matters. Judge C. Mark Erwin was sworn into office on January 17, 2025. You can search Mobile County probate records, including estates, wills, guardianships, and property records, at the Mobile courthouse. Online access to Mobile County probate records may be available through county-kept databases or third-party platforms. Many Alabama counties now offer web-based search systems that allow users to search probate case indexes and view document images remotely. Access to register and search the Land Records index remains FREE, however the ability to view and purchase images will be charged at $0.10 per page. Images paid at this rate are available for download and printing for 10 days following the date of purchase. High-volume users may opt to purchase a monthly subscription where all images will be available. These subscriptions may be purchased in monthly increments for $125 per month and up to two years in advance.

Mobile County

Court Location & Contact

Filing Fees

Judges & Officers

Probate Guide