Overview
Choctaw County is located in Alabama with a population of approximately 12,052. The Probate Court of Choctaw County 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 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 for small estates known as the Small Estate Affidavit (Summary Distribution). As of 2026, this is available for estates where the value of personal property (excluding real estate) does not exceed the current CPI-adjusted threshold (approximately $37,075 - $47,000 depending on the specific date of death and applicable statutory allowances).
Alabama law allows for reasonable attorney fees and executor fees, often calculated as a percentage of the estate value (typically up to 2.5% for receipts and 2.5% for disbursements) or based on reasonable compensation for services rendered.
This guide provides an informational overview of the Choctaw 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
Probate Court of Choctaw County
Probate matters in Choctaw County are handled at the Choctaw County Courthouse.
Address: 117 South Mulberry Ave., Suite 9, Butler, AL 36904
Phone: (205) 459-2155 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Judge is the Honorable Jason Sturdivant. The court is located in the county seat of Butler.
Parking and Access
Public parking is available around the courthouse square and on nearby streets. Security screening may be required upon entry.
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 only of personal property valued at approximately $37,075 (verify current CPI limit) or less, you may qualify for summary distribution.
- 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 Administration with the Probate Court of Choctaw County. Include:
- Original Will and Codicils (if applicable)
- Certified copy of the Death Certificate
- List of heirs and next of kin with addresses
- Filing fee (contact court for exact amount)
- Waiver of Notice/Bond (if applicable and signed by heirs)
E-filing may not be available for all initial probate pleadings; check with the clerk.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 10 days before the hearing (if they have not waived notice).
- Publish notice in a newspaper of general circulation in Choctaw County (such as the Choctaw Sun-Advocate) for three successive weeks to notify creditors.
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.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 6 months to file claims)
- Inventory and appraise all estate assets within 2 months
- Pay valid creditor claims and administrative expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final settlement and petition for discharge
Local Requirements
Choctaw County-Specific Procedures
- Filing Fees: Fees vary by petition type. A recent bill (HB300) authorized an additional $10 recording fee for certain documents.
- Bond: A corporate surety bond is typically required unless the will waives it or all heirs agree to waive it (for intestate estates).
- Local Rules: Always check with the Probate Clerk for specific local forms or procedural quirks.
- Publication: Notice to creditors must be published in the Choctaw Sun-Advocate.
Contact the Probate Office at (205) 459-2155 to confirm specific requirements before filing.
Timeline & Fees
Filing Fees (Choctaw County)
- Petition for Letters Testamentary/Administration: approximately $50-$100 (varies, contact court)
- Small Estate/Summary Distribution: approximately $35-$50
- Certified copies of Letters: approximately $3-$5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording Fees: Standard per-page recording fees apply (plus $10 local fee).
Alabama law allows executors to claim a commission of up to 2.5% of receipts and 2.5% of disbursements, plus reasonable expenses.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee; verify with the clerk.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period in Alabama is 6 months, which sets a minimum duration for the process.
Local Resources
Choctaw County Court Resources
- Court Website: choctaw.alacourt.gov
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: Administrative Office of Courts
Legal Aid and Attorney Referrals
- Alabama State Bar: (334) 269-1515 — alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
- Alabama State Bar Lawyer Referral: alabar.org/programs/lawyer-referral-service
Publication
- Choctaw Sun-Advocate: (205) 459-2333 — Newspaper of general circulation