Honorable John F. Porter, III
Alabama Attorney General Opinions
State of Alabama Office of the Attorney General
March 21, 2017
John F. Porter, III
for Jackson County Sheriff
Porter Law Group
East Laurel Street
- Estates - Administrators and Executors - Conservators -
to section 43-2-848 of the Code of Alabama, the probate court
may award a reasonable fee to the sheriff for serving as
personal representative of the decedent's estate subject
to the guidelines and restrictions therein.
to section 26-2A-142(a) of the Code of Alabama, the probate
court may award a reasonable fee to the sheriff for serving
as conservator of a protected person's estate.
fees awarded to the sheriff for serving as a personal
representative or conservator must be deposited in the county
opinion of the Attorney General is issued in response to your
request on behalf of the Jackson County Sheriff.
Where an estate has sufficient funds to pay the
administrator's fee, can the sheriff be awarded a
reasonable fee for his or her role as personal representative
of the decedent's estate pursuant to section 43-2-848 of
the Code of Alabama where the sheriff is appointed to such
position pursuant to section 43-2-172 of the Code of Alabama?
there is no appropriate personal representative or county
administrator, the probate court may commit the
administration of an estate to the sheriff. The
administration of the estate attaches to the office of the
sheriff and is secured by the official bond of the same.
See Ala. Code § 43-2-172 (1991). There are no
statutes that specifically provide for or restrict the
compensation of the sheriff as personal representative.
Section 43-2-848 of the Code of Alabama, however, generally
provides for the compensation of the personal representative
(a) A personal representative is entitled to reasonable
compensation for services as may appear to the court to be
fair considering such factors that may include, but are
not limited to, the novelty and difficulty of the
administrative process, the skill requisite to perform the