Overview
Morgan County is located in northern Alabama with a population of approximately 127,342. The Morgan County Probate Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. Decatur, the county seat, is part of the Huntsville-Decatur metropolitan area along the Tennessee River.
Alabama probate is governed by Title 43 of the Code of Alabama. Probate courts in Alabama are independent constitutional courts with broad jurisdiction over estates, wills, guardianships, and conservatorships. The process begins with filing a Petition for Letters Testamentary (testate) or a Petition for Letters of Administration (intestate). The court then issues the appropriate Letters to authorize the personal representative to act on behalf of the estate.
Alabama offers a simplified procedure for small estates known as Summary Distribution. As of 2025, this is available for estates consisting of personal property valued at $37,075 or less (adjusted annually for CPI). This allows heirs to petition for distribution without full probate administration. Real property cannot be distributed through this simplified process.
Filing fees in Morgan County were updated effective October 1, 2025. The base filing fee for probating a will is approximately $55 - $75 plus per-page recording fees. Statutory attorney and executor fees are generally "reasonable compensation," subject to court approval.
This guide provides an informational overview of the Morgan 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
Morgan County Probate Court
Probate matters in Morgan County are handled at the Morgan County Probate Office.
Address: 302 Lee Street NE, Decatur, AL 35601
Phone: (256) 351-4675 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Office handles estates, wills, guardianships, conservatorships, adoptions, and commitment proceedings. The office also maintains land records and serves as the county's recording office. Note: The Probate Office has temporarily relocated to the old MCATS building at 401 2nd Avenue SE, Decatur, AL — contact the office to confirm the current location before visiting.
Parking and Access
Public parking is available in the lots surrounding the courthouse and along Lee Street. The building is accessible to persons with disabilities. Visitors should allow time for security screening.
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 $37,075 or less (2025 limit), you may qualify for summary distribution without full administration.
- 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 Morgan County Probate Court. Include:
- Original Will and Codicils (if applicable)
- Certified Death Certificate
- Petition for Probate of Will (or Administration)
- Filing fee (approximately $55 - $75 base fee)
- Next of Kin form listing all heirs and beneficiaries
- Waivers from heirs (if available)
E-filing is available through the state's AlaFile system at efile.alacourt.gov for registered users.
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.
- Publish notice in a newspaper of general circulation in Morgan County (such as the Decatur Daily) 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 and allow them 6 months to file claims.
- 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.
Local Requirements
Morgan County-Specific Procedures
- E-filing: Morgan County participates in the Alabama Administrative Office of Courts' AlaFile e-filing system.
- Bond requirements: A bond is typically required for personal representatives unless waived in the will or by all heirs.
- Updated Fees: Morgan County updated its probate court and recording fees effective October 1, 2025. Check the current fee schedule at morgancountyprobate.com.
- Publication: Notice to Creditors must be published in a newspaper of general circulation in Morgan County, such as the Decatur Daily, for three consecutive weeks.
- Recording Fees: Additional per-page recording fees apply for wills and other instruments.
- Temporary Relocation: The Probate Office may be temporarily operating from 401 2nd Avenue SE, Decatur. Confirm the current office location before visiting.
Always check with the Probate Clerk for the most current local rules and fee schedules before filing.
Timeline & Fees
Filing Fees (Morgan County)
- Probate of Will: approximately $55 - $75 (plus $3.00 per page recording fees)
- Administration: approximately $55 - $75 (plus recording fees)
- Certified copies of Letters: approximately $5.00 per copy
- Publication costs: approximately $100 - $250 depending on the newspaper
Note: Morgan County updated fees effective October 1, 2025. Contact the court at (256) 351-4675 for the exact current amounts.
Payment Methods
The court accepts cash, cashier's checks, money orders, and credit/debit cards (convenience fees may apply). Personal checks may not be accepted for new filings.
Estimated Timelines
- Simple estates: 6 - 9 months (minimum 6-month creditor period)
- 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, meaning an estate typically cannot be fully closed in less than 6 months.
Local Resources
Morgan County Court Resources
- Morgan County Probate Office: morgancountyprobate.com
- Morgan County Commission - Probate: morgancounty-al.gov/government/probate-office
- Alabama Probate E-Forms: eforms.alacourt.gov
- AlaFile E-Filing: efile.alacourt.gov
Legal Aid and Attorney Referrals
- Legal Services Alabama (North Alabama): (256) 536-9645 — Free legal services for qualifying low-income residents
- Morgan County Bar Association: Contact the Alabama State Bar for referrals at (334) 269-1515
- Alabama State Bar Lawyer Referral: alabar.org
Publication
- Decatur Daily: (256) 353-4612 — Daily newspaper serving Morgan County, publishes legal notices
- The Hartselle Enquirer: (256) 773-6566 — Weekly newspaper also serving Morgan County