Overview
Lowndes County is located in Alabama with a population of approximately 9,485. The Lowndes 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 Probate of Will (for testate estates) or Petition for Letters of Administration (for intestate estates) 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 2026, this is available if the estate's value (excluding the homestead and exempt property) does not exceed the statutory threshold, which is approximately $47,000 (adjusted annually for CPI).
Alabama law allows for a personal representative to receive a commission of up to 2.5% of ordinary receipts and 2.5% of ordinary disbursements, plus reasonable compensation for extraordinary services, subject to court approval.
This guide provides an informational overview of the Lowndes 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
Lowndes County Probate Court
Probate matters in Lowndes County are handled at the Lowndes County Probate Office.
Address: 1 South Washington St., Hayneville, AL 36040
Phone: (334) 548-2843 or (334) 548-2365 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Court is located within the Lowndes County Courthouse in Hayneville. The Honorable LaShandra Myrick serves as the Probate Judge.
Parking and Access
Public parking is available around the courthouse square in Hayneville. Visitors should be prepared for security screening upon entering the courthouse building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Summary Distribution (Small Estates): If the estate value is approximately $47,000 or less (adjusted for 2026) and no real property is involved, you may qualify for Summary Distribution under the Alabama Small Estates Act.
- 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 the appropriate petition (e.g., Petition for Probate of Will or Petition for Letters of Administration) with the Lowndes County Probate Court. Include:
- Original Will and codicils (if applicable)
- Certified death certificate
- List of next of kin and their addresses
- Filing fee (contact court for current amount)
- Personal Representative's Bond (unless waived in the Will)
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 (or as directed by the court).
- Publish notice to creditors in a newspaper of general circulation in Lowndes County, such as The Lowndes Signal, 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 (creditors have 6 months from the grant of letters to file claims)
- 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
Lowndes County-Specific Procedures
- Judge: Matters are heard by Probate Judge LaShandra Myrick.
- Bond: A corporate surety bond is typically required for personal representatives unless explicitly waived in the will or by all heirs in an intestate estate.
- Publication: Notice to creditors must be published in a newspaper of general circulation in Lowndes County, typically The Lowndes Signal.
- Local Forms: While the court accepts standard Alabama probate forms, it is advisable to check with the clerk for any specific local cover sheets or affidavits.
Timeline & Fees
Filing Fees (Lowndes County)
- Petition for Probate/Administration: Contact the court for the current base fee (typically ranges from $50 to $200 in Alabama depending on the petition type).
- Recording Fees: Approximately $3-$6 per page for recording documents.
- Certified Copies: Approximately $2-$5 per copy.
- Publication costs: Approximately $100-$200 depending on the newspaper.
Note: Fees are subject to change. Contact the Probate Office at (334) 548-2843 or (334) 548-2365 for the exact schedule.
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee; verify with the clerk before visiting.
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 several years.
The timeline is largely dictated by the mandatory 6-month creditor claim period in Alabama, which begins after Letters are granted.
Local Resources
Lowndes County Court Resources
- Court Website: lowndes-al.gov
- Probate Forms (Statewide): eforms.alacourt.gov
Legal Aid and Attorney Referrals
- Alabama State Bar - Get Legal Help: alabar.org
- Legal Services Alabama: (866) 456-4995 — Provides civil legal aid to low-income Alabamians.
Publication
- The Lowndes Signal: (334) 382-3111 — Newspaper of general circulation for legal notices.