Overview
Montgomery County is located in Alabama with a population of approximately 225,894. The Montgomery 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 process for small estates known as the Revised Alabama Small Estates Act. As of 2025, this procedure is available for estates where the value does not exceed the combined value of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000). This allows for summary distribution without full probate administration.
Alabama is a "reasonable compensation" state for attorney and executor fees, meaning fees are not set by a statutory percentage but must be reasonable based on the services rendered.
This guide provides an informational overview of the Montgomery 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
Montgomery County Probate Court
Probate matters in Montgomery County are handled at the Montgomery County Courthouse Annex III.
Address: 101 South Lawrence Street, Montgomery, AL 36101
Phone: (334) 832-1240 (Probate Court)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Court is presided over by the Probate Judge. The court handles wills, estates, adoptions, guardianships, and conservatorships.
Parking and Access
Public parking is available in the surrounding streets and nearby parking decks. Visitors must pass through security screening upon entering the courthouse.
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 approximately $47,000 or less (based on 2025 allowances), you may qualify for summary distribution under the Revised 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 a Petition for Probate of Will or Petition for Letters of Administration with the Montgomery County Probate Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Letters Testamentary/Administration
- Filing fee (approximately $105.00)
- Waivers and Consents from heirs (if applicable)
- Personal Representative's Bond (unless waived in the will)
Montgomery County Probate Court offers e-filing services through eFlex.
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 Montgomery County (such as the Montgomery Advertiser) once a week for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, especially if there are objections or if the will is not self-proving. If approved, the judge 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: Creditors have six months from the date of the grant of letters to file claims.
- Inventory and appraise all estate assets within two 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 six-month creditor period has expired.
Local Requirements
Montgomery County-Specific Procedures
- E-filing: Montgomery County Probate Court utilizes the eFlex system for electronic filing of documents.
- Bond Requirements: A corporate surety bond is generally required for personal representatives unless explicitly waived in the will or by all heirs/beneficiaries (and approved by the court).
- Publication: Notice to creditors must be published in a newspaper of general circulation in Montgomery County, such as the Montgomery Advertiser or Montgomery Independent, for three consecutive weeks.
- Local Forms: The court provides specific forms for various probate matters on its official website.
Always check with the Probate Court Clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Montgomery County)
- Petition to Probate Will / Letters Testamentary: approximately $105.00
- Small Estate / Summary Distribution: approximately $50.00 - $105.00
- Recording Fee: $20.00 plus $5.00 indexing fee
- Publication costs: approximately $150 - $300 depending on the newspaper
- Certified Copies: $2.00 per document plus copy fees ($1.00 per page)
Note: Fees are subject to change. Verify exact amounts with the Probate Court Clerk.
Payment Methods
The court accepts cash, checks, money orders, and most major credit cards.
Estimated Timelines
- Simple estates (no disputes): 6-12 months (minimum 6 months for creditor claims)
- Average estates: 9-18 months
- Complex or contested estates: 18 months to several years
The six-month creditor claim period is a mandatory statutory waiting period in Alabama before the estate can be fully closed.
Local Resources
Montgomery County Court Resources
- Court Website: montgomeryprobatecourtal.gov
- Probate Forms: Montgomery County Probate Forms
- State Probate Forms: Alabama Administrative Office of Courts
Legal Aid and Attorney Referrals
- Legal Services Alabama: (334) 832-4570 — Provides civil legal aid to low-income Alabamians.
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- Montgomery Advertiser: (334) 262-1611 — Newspaper of general circulation
- Montgomery Independent: (334) 272-5338 — Weekly newspaper