Overview
Washington County is located in Alabama with a population of approximately 15,388. The Washington 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 Letters of Administration (if 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.
For smaller estates, the Revised Alabama Small Estates Act (effective October 2025) allows for a simplified summary distribution if the estate value (excluding real estate) does not exceed the sum of the homestead allowance, exempt property allowance, and family allowance (approximately $47,000 as of 2026).
Alabama law allows for reasonable attorney fees and executor fees (typically up to 2.5% of receipts and 2.5% of disbursements, subject to court approval).
This guide provides an informational overview of the Washington 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
Washington County Probate Court
Probate matters in Washington County are handled at the Washington County Probate Office.
Address: 45 Court St, Chatom, AL 36518
Phone: (251) 847-2201
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Office is located in the county seat of Chatom. Judge Nick Williams presides over the Probate Court, handling estate proceedings, adoptions, and guardianships.
Parking and Access
Public parking is available around the courthouse square in Chatom. Security screening may be required upon entry.
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 of personal property valued at less than the statutory threshold (approx. $47,000 in 2026) and no real property needs to be transferred, you may qualify for summary distribution.
- 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 Washington County Probate Court. Include:
- Original Will (if applicable)
- Certified death certificate
- Petition for Letters Testamentary/Administration
- Filing fee (typically around $156.00 plus recording costs)
- Waivers and Consents from heirs (if applicable 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 Washington County (such as the Washington County News) for three successive weeks to notify creditors.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is uncontested and all waivers are filed, the hearing may be brief or handled administratively. Upon approval, 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 6 months for claims to be filed.
- 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
Washington County-Specific Procedures
- Filing Methods: Documents are typically filed in person or by mail at the Probate Office in Chatom.
- Bond Requirements: A surety bond is generally required for personal representatives unless waived in the will or by all heirs.
- Publication: Notice to creditors must be published in a local newspaper, typically the Washington County News, for three consecutive weeks.
- Local Rules: Check with the Probate Clerk for specific local forms or cover sheet requirements.
Timeline & Fees
Filing Fees (Washington County)
- Probate Petition (Docket Fee): approximately $156.00
- Recording Fees: $3.00 per page (varies by document type)
- Certified copies of Letters: approximately $3.00 - $5.00 per copy
- Publication costs: approximately $100 - $200 (paid directly to the newspaper)
Payment Methods
The court typically accepts cash, cashier's checks, or money orders. Credit cards may be accepted with a convenience fee; 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 mandatory in Alabama, meaning the estate cannot be fully closed until this period expires.
Local Resources
Washington County Court Resources
- Court Website: washprobate.com
- Probate Forms: eforms.alacourt.gov
- Alabama State Bar: alabar.org
Legal Aid and Attorney Referrals
- Alabama State Bar Lawyer Referral Service: (800) 392-5660
- Legal Services Alabama: (866) 456-4995 — legalservicesalabama.org
Publication
- Washington County News: (251) 847-2561 — Newspaper of general circulation for legal notices.