Overview
Calhoun County is located in Alabama with a population of approximately 116,427. The Calhoun 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 the Code of Alabama Title 43. 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 procedure known as Summary Distribution for small estates. For the period of March 1, 2025, through February 28, 2026, this is available if the estate's value (excluding exemptions) does not exceed $37,075 (adjusted annually for CPI). A new law effective October 2025 may allow for higher thresholds based on statutory allowances; verify the specific limit with the court at the time of filing.
Alabama law allows for reasonable attorney fees and executor compensation, typically calculated as a percentage of the estate value (often up to 2.5% for receipts and 2.5% for disbursements) or as determined by the court for extraordinary services.
This guide provides an informational overview of the Calhoun 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
Calhoun County Probate Court
Probate matters in Calhoun County are handled at the Calhoun County Administration Building.
Address: 1702 Noble Street, Suite 102, Anniston, AL 36201
Phone: (256) 241-2825 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located in the Ken Joiner Administration Building in downtown Anniston. The Probate Judge presides over estate administration, adoptions, and guardianships.
Parking and Access
Public parking is available off Division Street, immediately to the side and back of the building. Additional parking can be found off E. Michigan Avenue behind the Fire Department. Visitors must pass through security screening upon entering the building; cell phones and electronic recording devices may be restricted.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estate): Available if the estate consists of personal property only and is valued at $37,075 or less (2025-2026 limit). This process requires a waiting period of 30 days after death.
- Right of Survivorship: Assets held jointly with right of survivorship pass 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 Petition for Letters of Administration with the Calhoun County Probate Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Letters (Form)
- Filing fee (approximately $231.00 for opening an estate)
- Next of Kin form listing all heirs and beneficiaries
- Waiver of Notice/Bond (if applicable and signed by heirs)
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 Calhoun County (e.g., The Anniston Star) once a week for three successive weeks.
- Creditors have 6 months from the grant of letters to file claims against the estate.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are waivers missing or if the will is not self-proving. If approved, the judge 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 and allow the 6-month claim period to run.
- Inventory and appraise all estate assets within 2 months of appointment.
- Pay valid creditor claims and administrative expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries after debts are settled.
- File a Final Settlement and petition for discharge to close the estate.
Local Requirements
Calhoun County-Specific Procedures
- Filing Fees: The fee to open a new estate is approximately $231.00. Recording fees are typically $15.00 for the first page.
- Bond Requirements: A surety bond is generally required for administrators unless all heirs waive the requirement or the will explicitly waives it.
- Publication: Notice to creditors must be published in The Anniston Star or another approved county newspaper.
- Local Forms: The Calhoun County Probate Court provides specific forms for summary distribution and other probate matters on their website.
Always check with the Probate Clerk for the most current local rules regarding e-filing and document formatting.
Timeline & Fees
Filing Fees (Calhoun County)
- Opening an Estate (Petition for Letters): approximately $231.00
- Summary Distribution (Small Estate): approximately $65.00 - $78.00
- Recording Fee: $15.00 for the first page, plus additional per-page fees
- Certified Copies: approximately $3.00 - $5.00 per copy
- Publication costs: approximately $150.00 - $200.00 (payable to the newspaper)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (often with a convenience fee).
Estimated Timelines
- Simple estates (Summary Distribution): 1-2 months (after 30-day waiting period)
- Average estates: 6-9 months (due to the mandatory 6-month creditor period)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a statutory minimum for formal administration, meaning the estate generally cannot be fully closed until this period expires.
Local Resources
Calhoun County Court Resources
- Court Website: calhouncounty.org/probate
- Probate Forms: calhouncounty.org/probate/forms
- Alabama Administrative Office of Courts: alacourt.gov
Legal Aid and Attorney Referrals
- Calhoun-Cleburne Bar Association: Local bar resources.
- Legal Services Alabama: (866) 456-4995 — Provides civil legal aid to low-income Alabamians.
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- The Anniston Star: (256) 236-1551 — annistonstar.com