Overview
Fayette County is located in Alabama with a population of approximately 15,863. The Fayette 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 Title 43 of the Code of Alabama. The process begins with filing a Petition for Probate of Will (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 October 1, 2025, the Revised Alabama Small Estates Act increased the threshold to the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 for 2026).
Alabama does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be reasonable and are subject to court approval if contested.
This guide provides an informational overview of the Fayette 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
Fayette County Probate Court
Probate matters in Fayette County are handled at the Fayette County Courthouse.
Address: 113 Temple Ave N, Fayette, AL 35555
Phone: (205) 932-4519 (Probate Office)
Hours: Contact the Probate Office at (205) 932-4519 to confirm current hours.
The Probate Judge is the Honorable K. Michael Freeman. The Probate Office is located within the county courthouse and handles the recording of legal documents, marriage licenses, and probate cases.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. The courthouse is accessible to persons with disabilities; check for ramp access at the main 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 only and is valued at approximately $47,000 or less (effective Oct 1, 2025), you may qualify for summary distribution.
- Survivorship: Assets held in joint tenancy with rights 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 Probate of Will or Petition for Letters of Administration with the Fayette County Probate Court. Include:
- Petition for Probate (Form AOC-1 or similar)
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (contact court for exact amount, typically $40-$80 for initial filing)
- Waivers and Consents from next of kin (if applicable)
E-filing may be available for certain documents; check with the Probate Office for current electronic filing procedures.
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 (or as required by statute).
- Publish notice in a newspaper of general circulation in Fayette County, such as The Times-Record, 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 and allow 6 months for claims to be filed.
- 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
Fayette County-Specific Procedures
- Filing Fees: Fees vary by case type. Contact the Probate Office at (205) 932-4519 for the current fee schedule.
- Bond: A corporate surety bond is generally required for personal representatives unless waived in the will or by all heirs.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Fayette County, typically The Times-Record, for three consecutive weeks.
Always verify specific local rules with the Probate Court clerk before filing.
Timeline & Fees
Filing Fees (Fayette County)
- Petition for Probate/Administration: approximately $40-$80 (varies)
- Small Estate (Summary Distribution): approximately $40-$60
- Certified copies of Letters: approximately $2-$5 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: typically $3 per page (verify with court)
Alabama law allows for reasonable attorney fees and executor fees, which are determined by the court based on the complexity of the estate and services rendered.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Some courts may accept credit cards with a convenience fee; call (205) 932-4519 to confirm.
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 from the grant of letters, which sets a minimum duration for formal administration.
Local Resources
Fayette County Court Resources
- Court Website: fayetteco.net
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: Administrative Office of Courts
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- The Times-Record: (205) 932-6271 — mytrpaper.com