Overview
Baldwin County is located in Alabama with a population of approximately 261,608. The Baldwin County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Alabama probate is governed by Title 43 of the Code of Alabama. The process begins with filing a Petition for Letters Testamentary (if there is a will) or Petition for Letters of Administration (if there is no will) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Alabama offers a simplified process under the Revised Alabama Small Estates Act (effective October 2025). This procedure is available for estates where the value does not exceed the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 for 2026, adjusted annually for inflation).
Alabama law allows for reasonable compensation for personal representatives, often calculated as a percentage of the estate's value (typically up to 2.5% of receipts and 2.5% of disbursements), subject to court approval.
This guide provides an informational overview of the Baldwin County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Baldwin County Probate Court
Probate matters in Baldwin County are handled at the Baldwin County Courthouse.
Address: 220 Courthouse Square, Bay Minette, AL 36507
Phone: (251) 937-0260 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located in the county seat of Bay Minette. The current Judge of Probate is Harry D'Olive, Jr., who serves as the chief judicial officer for estate matters.
Parking and Access
Free public parking is readily available on Courthouse Square and in a dedicated lot directly behind the building, accessible via Hoyle Avenue. Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Summary Distribution: If the estate consists of personal property only and is valued at approximately $47,000 or less (verify current CPI-adjusted threshold), you may qualify for this simplified process after a 30-day waiting period.
- Survivorship: Property held as "joint tenants with rights of survivorship" passes automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Letters Testamentary or Letters of Administration with the Baldwin County Probate Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of heirs and next of kin
- Filing fee (typically starting around $58.00 plus recording fees)
- Waiver of bond (if applicable) or bond
E-filing is available and encouraged through the state's AlaFile system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Baldwin County (such as Lagniappe or Gulf Coast Media publications) once a week for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months from the date of grant of letters to file claims).
- Inventory and appraise all estate assets within 2 months of appointment.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final settlement and petition for discharge after the creditor period has expired (minimum 6 months).
Local Requirements
Baldwin County-Specific Procedures
- E-filing: Baldwin County utilizes the AlaFile system for electronic filing of probate documents.
- Bond requirements: A corporate surety bond is generally required for personal representatives unless waived by the will or by unanimous consent of all heirs (and all debts are paid).
- Recording Fees: There is a fee of $3.00 per page for recording documents, plus a base fee.
- Publication: Notice to creditors must be published in a newspaper of general circulation within the county, such as Lagniappe, The Onlooker, or The Courier.
Always check with the Probate Court Clerk for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Baldwin County)
- Probate of Will / Administration: Base fee approximately $58.00 (fees vary based on page count and notices)
- Small Estate Summary Distribution: Approximately $50.00 - $135.00 depending on recording costs
- Recording Fee: $13.00 for the first page, $3.00 for each additional page
- Publication costs: Approximately $100-$200 depending on the newspaper
- Certified copies: Approximately $3.00-$5.00 per copy
Note: Fees are subject to change. Contact the court for the exact amount before filing.
Payment Methods
The court accepts cash, credit/debit cards (with a convenience fee), and business checks. Personal checks are typically not accepted for new filings.
Estimated Timelines
- Simple estates (no disputes): 6-9 months (minimum 6 months for creditor claims)
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory statutory minimum for formal administration.
Local Resources
Baldwin County Court Resources
- Court Website: baldwincountyal.gov/government/probate-office
- Probate Online Services: baldwincountyal.gov/government/probate-office/probate-online-services
- Alabama Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Baldwin County Bar Association: Contact local attorneys for referrals.
- Legal Services Alabama: (866) 456-4995 — Provides civil legal aid to low-income Alabamians.
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- Lagniappe: (251) 342-8000 — lagniappemobile.com
- Gulf Coast Media (The Onlooker/The Courier): (251) 943-2151 — gulfcoastmedia.com