Executor Compensation Laws in Alabama
In Alabama, a personal representative receives reasonable compensation set by the court, capped at 2.5% of property received and 2.5% of disbursements, plus possible pay for extraordinary services.
Last checked . General information, not legal advice.
Alabama at a glance
- Compensation method
- Reasonable compensation, subject to a cap
- The court weighs factors such as difficulty, skill, local customary fees, and results; extra pay may be allowed for extraordinary services.
- Statutory fee schedule
- Cap: 2.5% of receipts plus 2.5% of disbursements
- Ceiling of 2.5% of all property received and controlled by the personal representative and 2.5% of all disbursements.
- Percentage schedule in statute
- Percentage cap
The rules in Alabama
How is an executor paid in Alabama?
Compensation method in Alabama: Reasonable compensation, subject to a cap. The court weighs factors such as difficulty, skill, local customary fees, and results; extra pay may be allowed for extraordinary services.
What percentage can an executor charge in Alabama?
Statutory fee schedule in Alabama: Cap: 2.5% of receipts plus 2.5% of disbursements. Ceiling of 2.5% of all property received and controlled by the personal representative and 2.5% of all disbursements.
Does Alabama law set executor fees by a percentage schedule?
Percentage cap. Percentage schedule in statute in Alabama: percentage cap.
Where do the Alabama executor compensation laws come from?
The rules above come from Ala. Code 43-2-848. Each source is linked on this page. We last checked them in October 2026.
Good to know
The personal representative may renounce compensation set in the will, and the decedent or all affected beneficiaries may agree in writing on the amount or method of compensation.
What this means in practice
A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.
Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.
Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
More Alabama rules
- Estate and Inheritance Tax in Alabama
- Health Care Power of Attorney Requirements in Alabama
- Intestate Succession Laws in Alabama
- Small Estate Affidavit Limits in Alabama
- Spousal Elective Share Law in Alabama
- Will Contest Deadline in Alabama
- Tenant Abandoned Property Laws in Alabama
- Adverse Possession Laws in Alabama
- Security Deposit Laws in Alabama
- Eviction Notice Requirements in Alabama
- Will Requirements in Alabama
- All Alabama documents and rules