Overview
Houston County is located in southeastern Alabama with a population of approximately 107,213. The Houston County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Dothan, the county seat, serves as the regional hub for the Wiregrass area.
Alabama probate is governed by Title 43 of the Code of Alabama. Probate courts in Alabama are independent constitutional courts with broad jurisdiction over estates, wills, guardianships, and conservatorships. The process begins with filing a Petition for Letters Testamentary (testate) or a Petition for Letters of Administration (intestate) to admit the will and appoint a personal representative. The court then issues Letters Testamentary or Letters of Administration accordingly.
Alabama offers a simplified procedure for small estates known as Summary Distribution. As of 2025, this is available for estates consisting of personal property valued at $37,075 or less (adjusted annually for CPI). This process allows heirs to petition for distribution of assets without full probate administration. Real property cannot be administered under the Alabama Small Estates Act.
Filing fees in Houston County follow the standard Alabama fee schedule, with a base fee for probating a will around $55 - $75 plus per-page recording fees. Statutory attorney and executor fees in Alabama are generally "reasonable compensation," often calculated as a percentage of the estate value (typically around 2.5% for receipts and 2.5% for disbursements), subject to court approval.
This guide provides an informational overview of the Houston 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
Houston County Probate Court
Probate matters in Houston County are handled at the Houston County Probate Office, located in the Houston County Courthouse in downtown Dothan.
Address: 462 N. Oates Street, Dothan, AL 36303
Phone: (334) 677-4701 (Probate Court); (334) 677-4707 (Chief Probate Clerk)
Hours: Monday through Thursday, 7:00 AM to 5:30 PM (Closed Fridays)
The Probate Office handles estates, wills, guardianships, conservatorships, adoptions, and commitment proceedings. The office also serves as the county's recording office for deeds, mortgages, and other legal instruments.
Parking and Access
Free public parking is available in the lots surrounding the Houston County Courthouse and along N. Oates Street. The building is accessible to persons with disabilities. Visitors should allow time for security screening upon 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 $37,075 or less (2025 limit), you may qualify for summary distribution without full administration.
- Survivorship: Assets held as joint tenants 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 Letters Testamentary or Petition for Letters of Administration with the Houston County Probate Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Probate of Will (or Administration)
- Filing fee (approximately $55 - $75 base fee)
- Next of Kin form listing all heirs and beneficiaries
- Waivers from heirs (if available)
E-filing is available through the state's AlaFile system at efile.alacourt.gov for registered users.
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 in a newspaper of general circulation in Houston County (such as the Dothan Eagle) once a week 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, hears any objections, 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 them 6 months 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 Settlement and petition for discharge.
Local Requirements
Houston County-Specific Procedures
- E-filing: Houston County participates in the Alabama Administrative Office of Courts' AlaFile e-filing system. Registered attorneys and pro se parties can file documents electronically.
- Bond requirements: A bond is typically required for personal representatives unless waived in the will or by all heirs. The minimum bond amount is $25,000 per Houston County requirements.
- Guardian Ad Litem: If a GAL is appointed, expect an additional $10 fee plus a $750 security deposit for the GAL fee.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Houston County, such as the Dothan Eagle, for three consecutive weeks.
- Recording Fees: Additional per-page recording fees of $3.00 per page apply for wills and other instruments beyond the base filing fee.
- Office Schedule: Note that the Houston County Probate Office is open Monday through Thursday only (closed Fridays), operating on a compressed work schedule.
Always check with the Probate Clerk for the most current local rules and fee schedules before filing.
Timeline & Fees
Filing Fees (Houston County)
- Probate of Will: approximately $55 - $75 (plus $3.00 per page for wills exceeding 5 pages)
- Administration: approximately $55 - $75 (plus recording fees)
- Guardian Ad Litem fee deposit: $750 security deposit (if GAL is appointed)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100 - $250 depending on the newspaper
Note: Fees are subject to change. Contact the court at (334) 677-4701 for the exact amount.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit/debit cards (convenience fees may apply). Personal checks may not be accepted for new filings.
Estimated Timelines
- Simple estates: 6 - 9 months (minimum 6-month creditor period)
- Average estates: 9 - 12 months
- Complex or contested estates: 1 year or more
The 6-month creditor claim period is a mandatory statutory waiting period in Alabama, meaning an estate typically cannot be fully closed in less than 6 months.
Local Resources
Houston County Court Resources
- Houston County Probate Office: houstoncountyal.gov/probate
- Houston County Probate Court: houstoncountyal.gov/probate/probate_court
- Alabama Probate E-Forms: eforms.alacourt.gov
- AlaFile E-Filing: efile.alacourt.gov
Legal Aid and Attorney Referrals
- Legal Services Alabama (Dothan): (334) 793-6543 — Free legal services for qualifying low-income residents
- Houston County Bar Association: Contact the Alabama State Bar for referrals at (334) 269-1515
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- Dothan Eagle: (334) 792-3141 — Daily newspaper serving Houston County, publishes legal notices