The information contained in this site is provided for educational purposes only. The information is not intended as, nor should it be considered, legal advice. The publishers of this information cannot and do not warrant that said information is correct or current. The publishers of this information do not assume and expressly deny any liability whatsoever for any action, inaction or consequences resulting from any reliance on any of the information contained herein.
Get a referral of an attorney from the Alabama Bar Association or call (334) 269-1515.
Please call our office at (334) 832-1240 if you have any questions.
Wills and Administrations
Wills may be researched and/or copies obtained by contacting our office at (334) 832-1240. The cost is $1.00 per page, 50 cents per page after 10 pages. Documents may be be certified for an additional fee of $2.00.
A will is a document which discloses how a person wishes his or her property to be distributed after death. A will must meet certain legal requirements. The law requires that a person making a will must be 18 years of age or older, of sound mind, and under no undue influence. The will must be signed by the maker and witnessed by at least two people. After a will is written, it should be kept in a safe place, and the executors or personal representatives should be notified where the will is being kept.
A will should be probated within five (5) years after the person is deceased. Forms are available for the probate of a will in Montgomery County.
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery County's Probate Court for filing this petition. After the Letters are issued, an inventory is required to be filed within 60 days after appointment.
A Probate Court Records Index search is available without an online account. Older records may only be available through microfilm.
In order to view complete records and to set up an online account with capability of viewing and copying images, contact a member of the Probate Record Room staff at (334) 832-2584 or (334) 832-1249.
Probate of a Will
To probate a Will, the Probate court must have the Original Will (a copy may be probated under special circumstances).
- Petition to Probate Will
- Waivers from any next-of-kin of deceased
- Certified copy of Death Certificate
- $105.00 filing fee (if the Will is more than five (5) pages, please add an additional $1.50 for each page of the Will after page 5)
** Note: If notice has to be given or a Guardian ad Litem must be appointed, there will be additional costs that will be assessed the day of the hearing to probate the Will. **
Letters of Administration
(When a person dies without a Will)
When a person dies without a Will, you must apply for Letters of Administration. You will need to file with the Probate Court:
- Certificate (Found in Personal Representative Handbook)
- Petition for Letters of Administration
- Personal Representative Bond (*For more information, see below)
- Certified copy of Death Certificate
- $105.00 Filing Fee (We accept cash, check, money order, most major credit cards)
The amount of bond is the Total of Rental Income and Personal Estate figured as follows (Note: A minimum bond of $10,000 is required):
- One year's estimated rental income on real property
- One year's estimated income from investments (stocks, bonds, etc.)
- Total value of personal property (vehicles, cash/investments, household items, etc.)
- Important: Do not include property in the amount (such as real estate) that cannot be disposed of without court order or securities deposited under arrangements requiring an order of the court.
The name of the deceased and the name of the Personal Representative on the bond must agree with the names on the Petition for Letters of Administration.
After Letters of Administration are issued, you must file an inventory within 60 days from the date of appointment. Also, unless specifically exempt in the Will, a personal representative must file an inventory within 60 days from the date of appointment.
The filing fee for an inventory is $2.50 per page.
- Proof of Claim Form - Filed in Probate Court - $1.50 per claim filing fee
- Release of Claim - Filed in Recording (832-1236)
- Delegation of Powers Form - Filed in Recording (832-1236)