Overview
Lamar County is located in Alabama with a population of approximately 13,543. The Lamar 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 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 late 2025, this option is available for estates where the personal property value does not exceed the statutory threshold (approximately $47,000, adjusted annually for CPI) and no real property is involved.
Alabama law does not set a statutory percentage for attorney or executor fees; instead, fees must be "reasonable" based on the services performed, though some counties may have customary guidelines.
This guide provides an informational overview of the Lamar 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
Lamar County Probate Court
Probate matters in Lamar County are handled at the Lamar County Probate Office.
Address: 205 Butler Circle SW, Vernon, AL 35592 (Mailing: P.O. Box 338, Vernon, AL 35592)
Phone: (205) 695-9119
Hours: Monday through Friday, 8:00 AM to 4:30 PM (verify with court)
The Probate Judge, David Boyett, oversees the administration of estates, recording of deeds, and other county records. The courthouse recently relocated to the Butler Circle address; verify the location if visiting in person.
Parking and Access
Public parking is available at the courthouse complex. The building is accessible to persons with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution: If the estate consists only of personal property valued at approximately $47,000 or less (verify current CPI-adjusted limit) and includes no real estate, you may qualify for this simplified process.
- 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 Lamar County Probate Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of heirs and next of kin with addresses
- Filing fee (typically paid by cash, check, or money order)
- Waiver of Notice/Bond forms (if applicable and signed by heirs)
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 waivers were not obtained).
- Publish notice to creditors in a newspaper of general circulation in Lamar County, such as The Lamar Democrat, for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is uncontested and all requirements are met, the judge reviews the petition and issues Letters Testamentary or Letters of Administration, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the 6-month creditor claim period to run.
- 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 after the claim period expires (unless all heirs consent to a consent settlement).
Local Requirements
Lamar County-Specific Procedures
- Filing Methods: The court generally accepts in-person and mail filings. Check with the clerk regarding the availability of e-filing.
- Bond Requirements: A surety bond is typically required for personal representatives unless the will explicitly waives it or all heirs agree to waive it (and the judge approves).
- Publication: Notice to creditors must be published in a county newspaper, typically The Lamar Democrat.
- Local Rules: The court may have specific preferences for the format of the inventory and accounting. It is advisable to contact the Probate Office for a checklist of required documents.
Timeline & Fees
Filing Fees (Lamar County)
- Petition for Letters Testamentary/Administration: approximately $50-$100 (fees vary by page count and recording costs)
- Summary Distribution: approximately $40-$60
- Certified copies of Letters: approximately $3-$5 per copy
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
- Recording fees: $3.00 per page (typical for recording documents)
Note: Fees are subject to change. Contact the Probate Office at (205) 695-9119 for the exact current schedule.
Payment Methods
The court typically accepts cash, business checks, money orders, and cashier's checks. Personal checks may not be accepted.
Estimated Timelines
- Simple estates (no disputes): 6-9 months (minimum 6 months for creditor claims)
- 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 that begins after Letters are granted.
Local Resources
Lamar County Court Resources
- Court Website: lamarcountyal.gov
- 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 Lamar Democrat: (205) 695-9177 — Newspaper of general circulation for legal notices.