Overview
Perry County is located in Alabama with a population of approximately 7,719. The Perry 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 to Probate Will (for testate estates) or a Petition for Letters of Administration (for intestate estates). The court then issues Letters Testamentary or Letters of Administration to the personal representative.
Small Estate Procedures:
For estates valued at approximately $47,000 or less (effective October 2025), Alabama offers a simplified Summary Distribution procedure. This process allows for the distribution of personal property without full administration if specific criteria are met, including a waiting period of 30 days after death and no real property issues.
Fees:
Filing fees in Perry County are approximately $225 for a petition to probate a will and $200 for letters of administration. Statutory attorney and executor fees may apply and are typically based on the value of the estate or reasonable compensation for services rendered.
This guide provides an informational overview of the Perry 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
Perry County Probate Court
Probate matters in Perry County are handled at the Perry County Courthouse.
Address: 300 Washington Street, Marion, AL 36756
Phone: (334) 683-2210
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Judge, currently Judge Carlton L. Hogue, presides over estate matters. The Probate Office is located within the county courthouse in Marion.
Parking and Access
Public parking is available around the courthouse square and on adjacent streets. 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 Estate): If the estate consists only of personal property and is valued at approximately $47,000 or less (based on 2025/2026 statutory allowances), you may qualify for this simplified process.
- Survivorship Assets: Assets held in joint tenancy 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 with the Perry County Probate Court. Include:
- Petition to Probate Will or Petition for Letters of Administration
- Original will and codicils (if applicable)
- Certified death certificate
- Filing fee (approximately $200–$225)
- Waivers and Consents from heirs (if possible 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 Perry County, such as the Perry County Herald, for three successive weeks to notify creditors and unknown heirs.
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, granting the personal representative authority to act.
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 remaining assets to beneficiaries according to the will or state intestacy laws.
- File a Final Settlement and petition for discharge to close the estate.
Local Requirements
Perry County-Specific Procedures
- Filing Fees: Fees are payable to the Perry County Probate Judge. Expect to pay around $225 for a testate estate and $200 for an intestate estate.
- Bond Requirements: A corporate surety bond is generally required for personal representatives unless the will explicitly waives it or all heirs consent to a waiver (subject to court approval).
- Publication: Notice to creditors must be published in a local newspaper, typically the Perry County Herald.
- Local Forms: While the court accepts standard Alabama probate forms, it is advisable to check with the Probate Office for any specific local cover sheets or affidavits.
Timeline & Fees
Filing Fees (Perry County)
- Petition to Probate Will: approximately $225
- Petition for Letters of Administration: approximately $200
- Release of Administration: approximately $125
- Certified copies of Letters: approximately $3-$5 per copy
- Publication costs: approximately $100-$150 depending on the newspaper
Payment Methods
The court typically accepts cash, money orders, or cashier's checks. Credit cards may be accepted with a convenience fee; verify directly with the clerk.
Estimated Timelines
- Simple estates (Summary Distribution): 1-2 months
- Average estates: 6-9 months (due to the mandatory 6-month creditor claim period)
- Complex or contested estates: 12 months to 2+ years
The 6-month creditor claim period is a statutory requirement in Alabama that significantly influences the minimum timeline for closing an estate.
Local Resources
Perry County Court Resources
- Court Website: perrycountyal.gov
- Probate Self-Help: Alabama Legal Help
- Alabama Probate Forms: Administrative Office of Courts
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
- Perry County Herald: (334) 683-6531 — Newspaper of general circulation for probate notices.