Executor Duties in Alabama: A Complete Guide

Alabama calls the executor the "personal representative." Two Alabama-specific quirks shape the role: the personal representative must generally be an Alabama resident (with limited exceptions for non-resident family members named as executor in a will), and compensation is governed by a "reasonable compensation" standard capped at 2.5% of property received. This guide walks through every duty.

How to Get Appointed Personal Representative in Alabama

1. File the petition: File a Petition for Letters Testamentary (or Letters of Administration if there is no will) in the Probate Court of the county where the deceased was domiciled. Bring the original will, a certified death certificate, and a list of heirs.
2. Attend the hearing: Typically scheduled 2–4 weeks after filing.
3. Receive Letters Testamentary: If appointed, the Probate Court issues Letters Testamentary — your official authority over the estate.

Alabama Personal Representative Compensation

Alabama's compensation statute (Alabama Code § 43-2-848) sets a "reasonable compensation" standard, weighed against factors like the difficulty of the administration, the skill required, and the results obtained — capped at no more than 2.5% of the value of all property received and under the possession and control of the personal representative.

Example: For a $500,000 estate, the maximum statutory compensation is up to $12,500 (2.5% of $500,000) — the court may award less than the maximum, or approve additional compensation for genuinely extraordinary services such as litigation, a business sale, or complex tax issues. The personal representative and all affected beneficiaries can also agree in writing to a different amount or method, as long as it isn't unconscionable.

Does Alabama Require a Bond?

Alabama generally requires a bond for personal representatives. The bond is waived if (a) the will explicitly waives it, or (b) all heirs consent to no bond. Most modern Alabama wills include a bond waiver. Without a waiver, bond premiums typically run $5–$10 per $1,000 of coverage per year.

Core Duties as Personal Representative in Alabama

1. File the Petition for Letters and obtain Letters Testamentary
2. Send Notice to all heirs and beneficiaries
3. Open an estate bank account using the estate's EIN
4. File the Inventory with the Probate Court within 2 months of appointment
5. Publish the Notice to Creditors as soon as possible after the grant of Letters
6. Send direct notice to known creditors
7. Wait the 6-month creditor period before final distribution
8. Pay valid creditor claims in the statutory order of priority
9. Pay final income taxes and any estate-level taxes
10. Manage estate assets prudently throughout administration
11. File annual partial settlements with the Probate Court if administration extends past the first year
12. Distribute remaining assets per the will (or intestacy law)
13. File the Final Settlement with the Probate Court

Residency Rules — Executor vs. Administrator

Alabama law treats executors (named in a will) differently from administrators (appointed when there is no will):

• Executor named in a will: Non-residents named as executor in an Alabama will can generally serve. The Probate Court will typically allow it, though it can require a resident agent for service of process or impose other reasonable conditions.
• Administrator (no will): Alabama Code § 43-2-22 generally disqualifies non-residents from serving as administrator of an intestate estate. In practice, an Alabama resident relative or an Alabama corporate fiduciary serves instead.

If you are a non-resident named as executor in an Alabama will, you can usually serve. If your loved one died without a will, talk to an Alabama probate attorney early about who can serve as administrator.

How to Close the Estate in Alabama

You close the estate by filing a Final Settlement with the Probate Court showing all receipts, disbursements, and proposed distributions. The court reviews and, if approved (and after any objections from interested parties), enters an order discharging the personal representative and authorizing final distribution.

Personal Liability Protection

Alabama personal representatives who follow proper procedures — particularly publishing the Notice to Creditors, filing the Inventory on time, paying claims in the statutory order, and obtaining court approval of the Final Settlement — receive substantial liability protection after the estate closes. The biggest exposures: distributing assets before the 6-month creditor period ends and missing the 2-month inventory deadline.