Overview
Conecuh County is located in Alabama with a population of approximately 11,109. The Probate Court of Conecuh 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 a 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. As of March 1, 2025, this is available for estates where the value of personal property does not exceed $37,075 (adjusted annually for CPI).
Alabama law allows for reasonable compensation for attorneys and personal representatives, often based on a percentage of the estate value (typically up to 2.5% for receipts and 2.5% for disbursements) or reasonable hourly rates, subject to court approval.
This guide provides an informational overview of the Conecuh 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 Conecuh County
Probate matters in Conecuh County are handled at the Conecuh County Courthouse.
Address: 111 Court St., Room 104, Evergreen, AL 36401
Phone: (251) 578-1221
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Judge's office is located within the county courthouse. The court handles the recording of legal documents, marriage licenses, and elections in addition to probate matters.
Parking and Access
Public parking is available around the courthouse square in downtown Evergreen. The building is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estate): If the estate consists of personal property worth $37,075 or less (2025-2026 limit), you may qualify for a simplified process.
- 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 Probate of Will or Petition for Letters of Administration with the Probate Court of Conecuh County. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of next of kin and heirs
- Filing fee (typically varies by petition type)
- Waiver of Notice/Bond forms (if applicable)
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 waivers are not obtained).
- Publish notice to creditors in a newspaper of general circulation in Conecuh County, such as The Evergreen Courant, 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. If the petition is uncontested and all waivers are filed, a formal hearing may sometimes be avoided depending on the judge's practice.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 6 months for claims to be filed
- 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
Conecuh County-Specific Procedures
- Filing Methods: Documents are typically filed in person or by mail. Check with the clerk regarding current e-filing availability.
- Bond Requirements: A bond is generally required for personal representatives unless the will explicitly waives it or all heirs agree to waive it.
- Publication: Notice to creditors must be published in The Evergreen Courant.
- Local Rules: The court may have specific preferences for the format of petitions and orders. It is advisable to contact the clerk's office for a checklist.
Timeline & Fees
Filing Fees (Conecuh County)
Fees are subject to change. Contact the court for the most current schedule.
- Petition for Letters Testamentary/Administration: approximately $50.00 - $100.00 (plus recording fees)
- Small Estate (Summary Distribution): approximately $50.00
- Recording Fees: $3.00 per page + $5.00 indexing fee
- Publication costs: approximately $100 - $200 depending on the length of the notice
- Certified copies: approximately $3.00 - $5.00 per copy
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Personal checks may not be accepted.
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 waiting period in Alabama that begins after Letters are granted.
Local Resources
Conecuh County Court Resources
- Court Website: conecuh.alacourt.gov
- Probate Office Directory: revenue.alabama.gov
- Alabama Administrative Office of Courts: alacourt.gov
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- The Evergreen Courant: (251) 578-1551 — Official newspaper for legal notices in Conecuh County.