Overview
Covington County is located in Alabama with a population of approximately 37,748. The Probate Court of Covington 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 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.
Small Estate Summary Distribution: Alabama offers a simplified process for small estates. Under the Revised Alabama Small Estates Act (effective Oct 1, 2025), estates may qualify if they consist of personal property only and the value does not exceed the combined homestead, exempt property, and family allowances (approximately $47,000 for 2026, indexed annually).
Executor Fees: Alabama law allows personal representatives to claim a commission of up to 2.5% of the value of all assets received and 2.5% of all disbursements, plus reasonable expenses. The court may also allow extra compensation for extraordinary services.
This guide provides an informational overview of the Covington 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 Covington County
Probate matters in Covington County are handled at the Covington County Courthouse.
Address: 1 N Court Square, Andalusia, AL 36420
Phone: (334) 428-2512 (Probate Court Questions)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Office is located in the historic courthouse on Court Square in downtown Andalusia. The Probate Judge is Hon. Stacy B. Brooks.
Parking and Access
Free parking is available around Court Square and on the streets surrounding the courthouse. Handicap parking spaces are located conveniently near the ramp entrance for accessible 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 of personal property only and is valued at approximately $47,000 or less (2026 limit), you may qualify for a simplified summary distribution after a 30-day waiting period.
- Muniment of Title: If the decedent left a will and the only asset is real estate, you may be able to file the will as a "muniment of title" to transfer ownership without full administration.
- 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 Covington County. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of heirs and next of kin with addresses
- Waivers and Consents from heirs (if available)
- Filing fee (approximately $50-$150 depending on the petition)
- Personal Representative's Bond (unless waived by the will)
E-filing availability varies by case type; check with the Probate Clerk for current e-filing options for new estates.
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.
- Publish notice to creditors in a newspaper of general circulation in Covington County (such as The Andalusia Star-News) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition, takes testimony if necessary, 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 from the date of Letters to file claims)
- 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
- File a final accounting and petition for discharge
Local Requirements
Covington County-Specific Procedures
- Legal Representation: While not strictly required by law, the court highly recommends retaining an attorney due to the complexity of probate procedures and the risk of personal liability.
- Bond Requirements: A corporate surety bond is generally required for personal representatives unless explicitly waived in the will or by unanimous consent of all heirs.
- Inventory: A complete inventory of assets must be filed with the court within two months of appointment.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Covington County, such as The Andalusia Star-News, for three consecutive weeks.
Always check with the Probate Clerk for the most current local rules and fee schedules before filing.
Timeline & Fees
Filing Fees (Covington County)
- Petition for Letters: approximately $50-$150 (varies by recording length)
- Small Estate Summary Distribution: approximately $50-$100
- Certified copies of Letters: approximately $5 per copy
- Publication costs: approximately $150-$200 (paid directly to the newspaper)
- Recording fees: $3 per page generally applies to recorded documents
Alabama law provides for a statutory executor commission of up to 5% of the estate value (2.5% in / 2.5% out), subject to court approval.
Payment Methods
The court accepts cash, cashier's checks, business checks, and money orders. Credit cards may be accepted with an additional convenience fee.
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
The mandatory 6-month creditor claim period sets the minimum duration for formal probate administration.
Local Resources
Covington County Court Resources
- Court Website: covingtonprobateoffice.com
- Probate Self-Help: Alabama Probate Judges Association
- State Probate Forms: Alabama Administrative Office of Courts Forms
Legal Aid and Attorney Referrals
- Alabama State Bar: (334) 269-1515 — Lawyer Referral Service
- Legal Services Alabama: (866) 456-4995 — Civil legal aid for low-income residents
- State Bar Lawyer Referral: alabar.org
Publication
- The Andalusia Star-News: (334) 222-2402 — Newspaper of general circulation
- The Opp News: (334) 493-3566 — Local newspaper