Overview
Pickens County is located in Alabama with a population of approximately 18,508. The Probate Court of Pickens County handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Alabama probate is governed by the Code of Alabama Title 43. 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 known as the Small Estates Act (Summary Distribution). As of late 2025/2026, 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, adjusted annually for CPI).
Alabama law allows for reasonable attorney's fees and executor commissions (typically up to 2.5% of receipts and 2.5% of disbursements, though the court may approve different amounts).
This guide provides an informational overview of the Pickens 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
Probate Court of Pickens County
Probate matters in Pickens County are handled at the Pickens County Courthouse.
Address: 20 Phoenix Ave., Carrollton, AL 35447
Phone: (205) 367-2010 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed for lunch 12:00 PM – 1:00 PM)
The Probate Judge, currently Judge David H. Pate, presides over estate matters. The office is located in the county seat of Carrollton.
Parking and Access
Public parking is available around the courthouse in downtown Carrollton. The courthouse is accessible to the public during business hours, with security screening at the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estates Act (Summary Distribution): Available if the estate consists of personal property only and the value does not exceed the statutory threshold (approx. $47,000).
- Survivorship: Assets held jointly 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 Probate Court of Pickens County. Include:
- Original Will (if applicable)
- Certified copy of the Death Certificate
- Petition for Letters (identifying heirs, assets, and petitioner)
- Filing fee (typically paid by cash, check, or money order)
- Waiver of Notice/Bond (if applicable and signed by heirs)
Step 3: Provide Notice
After filing, you must:
- Mail notice to all next of kin and beneficiaries.
- Publish notice to creditors in a newspaper of general circulation in Pickens County (e.g., Pickens County Herald) once a week for three successive weeks.
Step 4: Attend the Hearing
The court may schedule a hearing to formally admit the will and appoint the personal representative. If all heirs waive notice and bond, the process may be expedited without a formal contested hearing. Once approved, the judge issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow the 6-month creditor claim period to run.
- Inventory estate assets within 2 months of appointment.
- Pay valid debts and taxes.
- Distribute remaining assets to beneficiaries.
- File a Final Settlement to close the estate (unless waived by all beneficiaries).
Local Requirements
Pickens County-Specific Procedures
- Filing Methods: Documents are typically filed in person or by mail. Check with the clerk regarding current e-filing availability for probate matters.
- Bond: A surety bond is generally required unless the will waives it or all heirs consent to a waiver (and the judge approves).
- Publication: Notice to creditors must be published in the Pickens County Herald.
- Local Forms: While some counties have specific local forms, Pickens County generally accepts standard Alabama probate forms.
Always contact the Probate Office at (205) 367-2010 to verify the current filing fee schedule before mailing documents.
Timeline & Fees
Filing Fees (Pickens County)
Note: Fees are subject to change. Contact the court for the exact amount.
- Petition for Letters Testamentary/Administration: Approximately $50–$100 (varies by estate value and page count)
- Small Estate (Summary Distribution): Approximately $35–$50
- Recording Fees: Typically $3.00 per page (plus special recording fees)
- Publication costs: Paid directly to the newspaper (approx. $100–$200)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Personal checks may not be accepted from pro-se litigants; verify with the clerk.
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 6-month creditor claim period is a statutory mandatory minimum for formal probate.
Local Resources
Pickens County Court Resources
- Court Website: pickens.alacourt.gov
- Probate Office: (205) 367-2010
- Alabama Probate Forms: eforms.alacourt.gov
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
- Pickens County Herald: (205) 367-2217 — pcherald.com