Overview
Escambia County is located in south Alabama with a population of approximately 36,630. The Probate Court of Escambia 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 there is no will) to appoint a personal representative. The court then issues Letters Testamentary or Letters of Administration, granting authority to manage the estate.
Simplified Procedures: Alabama offers a Summary Distribution procedure for small estates. As of late 2025, the Alabama Small Estates Act was revised to increase the threshold. For 2026, estates may qualify if the value is approximately $47,000 or less (adjusted annually for CPI) and no real property is involved. This process is faster and less expensive than full probate.
Fees: Escambia County has specific local legislation regarding fees. The base filing fee for probating a will or administration is typically around $105, though additional costs for recording per page and publication will apply.
This guide provides an informational overview of the Escambia 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 Escambia County
Probate matters in Escambia County are primarily handled at the main courthouse in Brewton. There is also a satellite office in Atmore.
Main Office (Brewton):
Address: 314 Belleville Avenue, Suite 205, Brewton, AL 36426
Phone: (251) 867-0301
Hours: Monday through Friday, 8:00 AM to 4:00 PM
Satellite Office (Atmore):
Address: 8600 Highway 31, Atmore, AL 36502
Phone: (251) 368-5371
The Probate Judge is Hon. Robert D. Agerton. The court handles wills, estates, guardianships, and conservatorships.
Parking and Access
Brewton: Public parking is available around the courthouse square and in designated lots near the county complex. The building is accessible to persons with disabilities.
Atmore: The satellite office is located in a shared county building with ample parking available on-site.
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 only of personal property worth approximately $47,000 or less (verify current CPI-adjusted limit), you may file a Petition for Summary Distribution after 30 days have passed since the death.
- Survivorship: Assets held as "joint tenants with rights of survivorship" pass automatically to the surviving owner.
- Beneficiary Designations: Life insurance and retirement accounts with named beneficiaries generally bypass probate.
Step 2: File the Petition
If formal probate is needed, file the appropriate petition with the Probate Court of Escambia County. Include:
- Petition for Letters Testamentary (with Will) or Letters of Administration (without Will)
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Filing Fee: Approximately $105 (plus recording costs)
- Next of Kin Information: Names and addresses of all heirs and beneficiaries
- Waivers and Consents: Signed by heirs to speed up the process (optional but recommended)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs and beneficiaries who have not waived notice.
- Publish notice to creditors in a newspaper of general circulation in Escambia County (such as The Escambia Sun Press or The Brewton Standard) once a week for three successive weeks.
Step 4: Attend the Hearing
If the petition is contested or if waivers were not obtained, the court will schedule a hearing. If uncontested and all requirements are met, the judge may grant the petition without a lengthy hearing and issue Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify Creditors: The creditor claim period in Alabama is 6 months from the date Letters are granted.
- Inventory: File an inventory of estate assets within 2 months (unless waived by the will and beneficiaries).
- Pay Debts: Pay valid claims and expenses of administration.
- Distribute Assets: After the 6-month creditor period expires and debts are paid, distribute remaining assets to beneficiaries.
- Close the Estate: File a Final Settlement (or Consent Settlement if all parties agree) to discharge the personal representative.
Local Requirements
Escambia County-Specific Procedures
- Local Fees: Escambia County operates under specific legislative acts for its fee schedule. Always confirm the exact amount with the clerk before filing.
- Satellite Office: While filings can often be initiated at the Atmore satellite office, major hearings and records are typically centralized in Brewton.
- Bond: A corporate surety bond is generally required for administrators (intestate estates) and for executors if the will does not waive it. The bond amount is based on the value of personal property.
- Publication: The court clerk often assists with coordinating publication in The Escambia Sun Press or The Brewton Standard.
Note: Alabama law requires the personal representative to be a resident of Alabama or, if a non-resident, to appoint a resident agent to accept service of process.
Timeline & Fees
Filing Fees (Escambia County)
- Probate of Will / Administration: Approximately $105.00 (base fee)
- Recording Fees: Typically $3.00 to $4.00 per page
- Publication Costs: Approximately $100 - $150 (paid directly to the newspaper)
- Small Estate (Summary Distribution): Lower fee, typically around $50 - $75 plus recording
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Small Estate (Summary Distribution): Can be completed in 30-60 days.
- Uncontested Probate: Minimum of 6-8 months (due to the mandatory 6-month creditor claim period).
- Contested/Complex Estates: Can take 1 year or more.
Local Resources
Escambia County Court Resources
- Court Website: escambiacountyal.gov
- Probate Office Phone: (251) 867-0301
- Alabama Probate Judges Association: alpja.org
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — Provides civil legal aid to low-income Alabamians.
Publication
- The Escambia Sun Press: (251) 867-4876 — escambiasunpress.com
- The Brewton Standard: (251) 867-4876 — brewtonstandard.com