Overview
Lauderdale County is located in Alabama with a population of approximately 97,502. The Probate Court of Lauderdale 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 the Code of Alabama (Title 43). 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 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 early 2026, this is available for estates where the personal property value does not exceed $37,075 (adjusted annually for CPI). A revised Small Estates Act effective late 2025 may allow for higher thresholds based on combined allowances (approximately $47,000); verify the specific current limit with the court.
Alabama law allows for reasonable attorney fees and personal representative compensation, often based on a percentage of the estate value (typically around 2.5% for the executor) or reasonable hourly rates.
This guide provides an informational overview of the Lauderdale 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 Lauderdale County
Probate matters in Lauderdale County are handled at the Lauderdale County Courthouse.
Address: 200 S Court St, Florence, AL 35631
Phone: (256) 760-5800 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Office is located in the county courthouse in downtown Florence. The current Judge of Probate is Judge Sara N. Holmes.
Parking and Access
Public parking is available around the courthouse square and in nearby municipal lots. Security screening is required for entry into the courthouse building.
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 only of personal property valued at $37,075 or less (2025-2026 CPI limit), you may qualify for a simplified summary distribution.
- Survivorship: 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 Probate Court of Lauderdale County. Include:
- Original Will (if applicable)
- Certified copy of the death certificate
- List of heirs and next of kin with addresses
- Filing fee (approximately $50–$100, plus recording costs)
- Waivers and consents from heirs (if applicable to speed up the process)
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Lauderdale County (such as the TimesDaily) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court may schedule a hearing to admit the will and appoint the personal representative. If the petition is uncontested and waivers are filed, a formal hearing might not be required. Once approved, 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 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 after the creditor period expires.
Local Requirements
Lauderdale County-Specific Procedures
- Local Forms: While Alabama has statewide forms, Lauderdale County may have specific cover sheets or requirements. Check with the Probate Office.
- Bond: A corporate surety bond is typically required for administrators (intestate) unless all heirs waive the requirement. Executors (testate) are usually exempt if the will waives bond.
- Publication: Notice to creditors must be published in a local newspaper like the TimesDaily.
- Recording Fees: Be prepared to pay recording fees for the will and other documents (typically $3.00 per page after the first page).
Timeline & Fees
Filing Fees (Lauderdale County)
- Petition to Probate Will: approximately $50–$100 (base fee)
- Administration Petition: approximately $50–$100 (base fee)
- Recording Fees: ~$16.00 for first page, ~$3.00 per additional page
- Publication costs: approximately $100–$200 depending on the newspaper
- Certified copies: ~$3.00–$5.00 per copy
Note: Total initial court costs often range from $200 to $400.
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6–9 months (minimum 6 months for creditor claims)
- Average estates: 9–12 months
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a mandatory statutory waiting period in Alabama.
Local Resources
Lauderdale County Court Resources
- Probate Records: ingprobate.com
- Alabama Probate Court: lauderdale.alacourt.gov
- Alabama Probate Forms: eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral: alabar.org
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- TimesDaily: (256) 766-3434 — timesdaily.com