Overview
Lee County is located in Alabama with a population of approximately 187,847. The Lee 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 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. Under the Revised Alabama Small Estates Act (effective October 2025), estates may qualify if the value does not exceed the combined homestead, exempt property, and family allowances (approximately $47,000 for 2026, adjusted annually).
Alabama law allows for reasonable attorney fees and personal representative fees, which may be based on a percentage of the estate value or hourly rates, subject to court approval.
This guide provides an informational overview of the Lee 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
Lee County Probate Court
Probate matters in Lee County are handled at the Lee County Courthouse.
Address: 215 South 9th Street, Opelika, AL 36801
Phone: (334) 737-3660 (Probate Office)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Probate Judge's office is located in the historic county seat of Opelika. There is also a satellite office in Auburn, but most formal probate filings are processed through the main courthouse in Opelika.
Parking and Access
Public parking is available around the courthouse square and in designated lots nearby. Visitors pass through security screening upon entering the building.
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 (2026 threshold), you may qualify for a simplified process after a waiting period.
- 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 Letters of Administration with the Lee County Probate Court. Include:
- Original Will (if applicable)
- Certified copy of the death certificate
- List of next of kin and heirs
- Filing fee (approximately $135–$151)
- Waiver of Notice/Bond (if applicable and signed by heirs)
E-filing may be available for attorneys; pro se litigants typically file in person or by mail.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Lee County (such as The Observer or Opelika-Auburn News) once a week for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition. If the petition is uncontested and all waivers are filed, the judge may grant the petition without a formal hearing. Upon approval, the court 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 Settlement or obtain consent from all heirs to close the estate.
Local Requirements
Lee County-Specific Procedures
- Venue: Filings should be made in the county where the decedent was domiciled.
- Bond: A surety bond is generally required unless the will waives it or all heirs agree to waive it.
- Inventory: Must be filed within 2 months unless waived by the will/heirs.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Lee County for 3 consecutive weeks.
Always check with the Probate Clerk for the most current local rules and form requirements.
Timeline & Fees
Filing Fees (Lee County)
- Probate of Will: approximately $151.00
- Administration of Intestate Estate: approximately $135.00
- Guardianship/Conservatorship: approximately $104.00 - $114.00
- Publication costs: approximately $100-$200 (paid directly to the newspaper)
- Certified copies: approximately $3.00 per page/copy
Fees are subject to change. Verify exact amounts with the court.
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: 1 year or more
The 6-month creditor claim period is a mandatory statutory minimum for formal probate in Alabama.
Local Resources
Lee County Court Resources
- Court Website: leeco.us
- Probate Forms (State): eforms.alacourt.gov
- Alabama Legal Help: alabamalegalhelp.org
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 Observer (Opelika): (334) 749-8003 — Newspaper of general circulation.
- Opelika-Auburn News: (334) 749-6271 — Newspaper of general circulation.