Overview
Henry County is located in Alabama with a population of approximately 18,141. The Henry 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 Letters Testamentary (if there is a will) or 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 probate process for small estates known as Summary Distribution. As of 2026, this is available for estates valued at approximately $47,000 or less (adjusted annually for CPI), provided no real property is involved.
Alabama law allows for reasonable compensation for personal representatives, often calculated as a percentage of the estate's value (typically up to 2.5% of receipts and 2.5% of disbursements), subject to court approval.
This guide provides an informational overview of the Henry 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
Henry County Probate Court
Probate matters in Henry County are handled at the Henry County Probate Office located in the Herndon Building.
Address: 102 North Court Square, Suite A, Abbeville, AL 36310
Phone: (334) 585-3257 (Probate Office)
Hours: Monday through Thursday, 7:00 AM to 4:30 PM
The Probate Judge's office is located in the Herndon Building in downtown Abbeville. Note that the office operates on a four-day work week (Monday-Thursday). Document recording services remain at 101 Court Square.
Parking and Access
Public parking is available around the Court Square in downtown Abbeville. Visitors should be prepared for security screening upon entering the courthouse.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estates): If the estate consists only of personal property valued at approximately $47,000 or less (2026 limit), you may qualify for a simplified summary distribution.
- Survivorship Rights: Assets held jointly 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 Henry County Probate Court. Include:
- Original Will (if applicable)
- Certified copy of the death certificate
- List of heirs and next of kin with addresses
- Filing fee (approximately $60-$100)
- Waiver of Notice/Bond forms (if applicable)
E-filing may not be available for initial probate petitions; check with the clerk for current submission methods.
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 Henry County, such as The Abbeville Herald, for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is uncontested and all waivers are signed, the hearing may be a formality or waived. Upon approval, the judge 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 estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final settlement and petition for discharge.
Local Requirements
Henry County-Specific Procedures
- Operating Hours: The Probate Office typically operates Monday through Thursday, 7:00 AM to 4:30 PM.
- Bond: A corporate surety bond is generally required for administrators unless waived by the will or all heirs.
- Publication: Notice to creditors must be published in a local newspaper, typically The Abbeville Herald.
- Local Forms: While Alabama uses statewide forms, the court may have specific preferences for cover sheets or formatting.
Always verify specific local rules with the Probate Clerk before filing.
Timeline & Fees
Filing Fees (Henry County)
- Petition to Probate Will: approximately $60-$100
- Petition for Letters of Administration: approximately $60-$100
- Certified copies of Letters: approximately $5 per copy
- Publication costs: approximately $100-$150 (paid directly to the newspaper)
- Recording fees: typically $3 per page
Fees are subject to change. Contact the Probate Office at (334) 585-3257 for the exact current fee schedule.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Summary Distribution): 30-60 days
- Average estates: 6-9 months (due to the 6-month creditor claim period)
- Complex or contested estates: 12 months to several years
The 6-month creditor claim period is a mandatory statutory waiting period in Alabama that largely dictates the timeline.
Local Resources
Henry County Court Resources
- Court Website: henrycountyal.com
- 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 — Provides civil legal aid to low-income Alabamians.
Publication
- The Abbeville Herald: (334) 585-2413 — Newspaper of general circulation for probate notices.