Probate Made Easy: Questions Families in Alabama & Florida Ask Most
- Colin McMichen
- Oct 7
- 8 min read
When a loved one passes away, families are often faced with the unfamiliar process of probate. The court rules, deadlines, and terminology can feel overwhelming—especially during an already difficult time. To help, we have answered some of the most common questions about probate in Alabama and Florida.
1. What is probate?
Probate is the legal process of settling a person’s estate after death. It includes validating a will, paying debts and taxes, and distributing assets to heirs or beneficiaries. If there is no will, state intestacy laws determine who inherits.
Learn more in our article: Navigating the Probate Process in Alabama: A Step-by-Step Overview.
2. When is probate required?
Probate is generally required if the deceased person owned property solely in their name—such as real estate, bank accounts, or investments—without a joint owner or beneficiary designation. Assets like life insurance with a named beneficiary, jointly-owned property with right of survivorship, and trust assets should avoid probate.
3. How long does probate take in Alabama and Florida?
The length of the probate process depends on the size and complexity of the estate. By law, creditors must be notified and given time to file claims with the probate court. In Florida, creditors have three months to respond, while in Alabama, they have six months. Because of these timelines, it often takes about nine months to a year to settle an estate.
For larger estates—especially those that include business interests or real property—the process can take even longer.
4. How much does probate cost?
Attorney fees are usually determined by the amount of work involved and the overall size of the estate. Depending on the situation, fees may be charged hourly, as a flat fee, or as a percentage of the estate’s value.
In Florida, attorney fees are governed by Section 733.6171, Florida Statutes, which outlines what is considered reasonable and provides a schedule of presumed reasonable percentages based on the estate’s size. For example, for estates with a value between $100,000 and $1 million, the attorney fee is 3% of the value of the estate.
In addition to attorney fees, families should expect certain costs, such as court filing fees, appraisals, publication fees, bond premiums, and accounting expenses. Both attorney fees and these costs are paid directly from the estate before beneficiaries receive their inheritance.
5. What happens if someone dies without a will?
If there is no will, state intestacy laws apply. These laws give priority to spouses, children, and other close relatives. The court also appoints a personal representative—often a surviving spouse or family member—to manage the estate.
6. How is the personal representative (sometimes called an executor or administrator) appointed?
Alabama: Probate is filed in the county where the decedent lived. If a valid will names an executor, the court usually appoints that person. If there is no will, or the named person cannot serve, the court appoints an administrator, typically following a priority list that starts with the surviving spouse.
Florida: Probate is filed in the county where the decedent lived. The person nominated in the will is usually appointed if qualified under Florida law. If not, the court turns to a statutory priority list beginning with the surviving spouse, then the person selected by the majority of the heirs.
7. What does the personal representative do?
The personal representative has significant responsibilities, including:
Collecting and inventorying estate assets
Notifying heirs, beneficiaries, and creditors
Publishing required notices
Paying valid debts, taxes, and expenses
Managing property or business interests during probate
Distributing assets to heirs or beneficiaries
Because the role comes with fiduciary duties and legal liability, many personal representatives work closely with an attorney for guidance.
Learn more in our article: How to Prepare a Personal Representative or Trustee for Success in Alabama and Florida: Duties and Legal Rights Explained.
8. Can I make the personal representative’s job easier?
Yes. One of the best steps you can take is to document important information about your assets, accounts, real estate, and debts. You do not have to share this with your personal representative now—but you should let them know where to find it.
Download our Family Blueprint to get started. This tool helps you organize personal details, financial information, and your wishes for your loved ones.
9. Is the personal representative entitled to compensation?
Alabama: Yes. Personal representatives are entitled to “reasonable compensation,” subject to court approval. Compensation is generally based on the estate’s value, the complexity of the estate, and the work involved.
Under Alabama Code Section 43-2-848, a personal representative may receive up to 2.5% of the value of all property received and under their control, plus 2.5% of the value of all disbursements.
Florida: Yes. Section 733.617, Florida Statutes governs compensation for personal representatives. The standard fee is 3% of the first $1 million, 2.5% for all above $1 million and not exceeding $5 million, 2% for all above $5 million and not exceeding $10 million, and 1.5% for all above $10 million of estate assets.
In Alabama and Florida, personal representatives are also entitled to additional compensation for extraordinary services performed for the estate.
10. Which assets avoid probate?
Some assets pass outside of probate, including:
Jointly-owned property with right of survivorship
Bank accounts with payable-on-death (POD) designations
Investment accounts, retirement accounts, and life insurance policies with named beneficiaries
Assets titled in a trust
11. Can probate be avoided entirely?
Often, yes. With proper estate planning—such as creating a trust, updating beneficiary designations, or retitling property—you can reduce or even eliminate the need for probate.
12. What if family members disagree during probate?
Disputes sometimes arise over the will’s validity, who should serve as personal representative, or how assets should be divided. These conflicts may require mediation or court intervention.
The best way to avoid disputes is through clear planning and communication. Working with an estate planning attorney and discussing your wishes with family in advance can help prevent conflict later.
13. Do I need an attorney for probate?
In Alabama, very simple estates may be handled without an attorney. However, in most situations, having legal guidance ensures that deadlines are met, paperwork is filed correctly, and potential disputes are minimized—ultimately saving families time, money, and stress.
In Florida, the rules are stricter. Under Florida Probate Rule 5.030, every personal representative must have an attorney unless they are the sole interested party in the estate. For small estates handled through summary administration (which does not involve a personal representative), individuals may proceed without an attorney, though many still choose to seek legal help for guidance and peace of mind.
14. What are creditor claims in probate?
Creditors must be notified when someone passes away, and they have a set period of time to file claims against the estate. Any valid debts—such as medical expenses, credit cards, or loans—must be paid before heirs can receive their inheritance. Known creditors are notified directly by mail, and notice is also published in a local newspaper in the county where the probate case is filed.
15. What happens to real estate in probate?
Real estate often requires special handling. The personal representative may need to:
Obtain an appraisal
Maintain the property during probate
Sell the property to pay debts or divide proceeds among heirs
Transfer the property to heirs through the probate process
The probate court oversees sales and transfers to ensure fair market value and proper distribution of assets.
16. What if the estate is small?
Both Alabama and Florida have simplified procedures for small estates. These processes are quicker, less costly, and involve fewer filings.
The Alabama Small Estates Act governs small estates in Alabama. An estate qualifies for the simplified procedure if the decedent was an Alabama resident, the estate falls under the legal limit (approximately $47,000 in 2025), the decedent did not have a surviving minor child who is not a child of the surviving spouse, and the decedent did not own real property requiring probate to transfer ownership.
Learn more in our article: Alabama Increases the Limit for the Small Estates Act: What Families Should Know in 2025.
In Florida, summary administrations are governed by Chapter 735 of the Florida Statutes. This simplified probate process can be used if the decedent’s will does not require formal administration, if the total value of the probate estate (after subtracting property exempt from creditor claims) does not exceed $75,000, or if the decedent has been deceased for more than two years.
17. What is ancillary probate?
If someone individually owns real property in more than one state—say, a home in Alabama and a condo in Florida—multiple probate cases will be required. The primary (domiciliary) probate occurs where the decedent lived, while ancillary probate is required in the other state where the real property is located.
Learn more in our article: Ancillary Probate in Alabama and Florida: Steps, Strategies, and Tips for Multi-State Property Owners.
18. What taxes must be filed in probate?
The personal representative should work closely with an accountant to make sure all required tax returns for the estate are filed. This includes the decedent’s final income tax return. If the estate earns income after the decedent’s death, Form 1041 must also be filed.
For high-net-worth estates—individuals with over $13.99 million or married couples over $27.98 million in 2025—a federal estate tax return is required for amounts above the exclusion limit. Some states (but not Alabama or Florida) may also have their own estate taxes. Ensuring compliance with tax rules is essential to properly administering the estate.
19. What happens if the decedent owned a business?
If the decedent owned a business, the personal representative must manage or transfer ownership according to the will or state law. This may include selling the business, passing it to heirs, or continuing operations until assets can be distributed. Business succession planning in advance can prevent disputes and simplify the probate process.
20. How does trust administration differ from probate administration?
Trust administration offers many differences compared to probate:
No court supervision — handled privately by the acting trustee
Privacy — records remain confidential, unlike public probate files
Speed — assets can often be distributed faster without court delays
Lower costs — avoids many probate-related expenses
Continuity — allows asset management during incapacity, not just after death
For families who want a smoother, more private transition, a revocable living trust can be an excellent tool.
Learn more in our article: Revocable Living Trusts: Flexibility, Control, and Protection for Your Estate.
Your Next Step
Navigating probate can feel overwhelming, but you do not have to do it alone. Whether you are planning ahead or managing an estate now, the right guidance can make a big difference.
Here is how to take your next step:
Review your estate plan: Make sure your will, trust, and beneficiary designations are up to date.
Organize key documents: Keep a list of accounts, assets, debts, and important contacts in one place—your personal representative will thank you.
Consult an estate planning attorney: An experienced attorney can help you minimize probate, protect your loved ones, and ensure your wishes are carried out efficiently.
Consider a trust: If avoiding probate and maintaining privacy is important to you, a revocable living trust may be a smart option.
Taking action now can save your family time, stress, and expense later.
Ready to plan for the future or get guidance on probate? Schedule a consultation with our estate planning team today—we are here to help you every step of the way.
About the Author
Colin McMichen is an experienced attorney and the founder of Provident Law / Estate Planning LLC, a Birmingham, Alabama-based firm. With a focus on estate planning and probate law, Colin is dedicated to helping individuals and families navigate complex legal matters with confidence.
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