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Choctaw County, AL Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Choctaw County Probate Court |
| Courthouse address | 117 South Mulberry Avenue, Suite 9, Butler, AL 36904 |
| Phone | (205) 459-2414 |
| Filing fee | The office has not posted a dated estate filing total. Alabama probate fees include a statutory base under Ala. Code § 12-19-90 plus local-law charges that can affect the amount due. Confirm the current total with the Choctaw County Probate Office before filing. |
| Local forms | Choctaw County does not post downloadable estate forms or an estate checklist on its probate page. |
| E-filing | No published estate e-filing instructions. Call the probate office to ask what filing methods it accepts. |
| Case search | Choctaw County does not publish a probate case lookup for estate matters on its county site. Call or visit the probate office for case access questions. |
| Remote appearance | Set by the court for the specific hearing. Ask the probate office when the hearing is scheduled. |
| Website | Choctaw County Probate Office |
Before you begin — know the assets and liabilities
Before you open a probate case in Choctaw County, list the estate's assets, debts, title documents, beneficiary designations, and any original will. The right estate settlement path depends on what the person owned, whether anything passes outside probate, and whether someone needs letters testamentary or letters of administration.
Sunset's 2,300-institution asset discovery helps families look for accounts, insurance, investments, and other assets before they decide what to file in Butler. That early inventory makes it easier to prepare a probate packet and avoid repeated trips to the probate office.
Which court handles jurisdiction
The Choctaw County Probate Court serves probate filings for Choctaw County from the Choctaw County Courthouse in Butler, the county seat. The county site does not list a second probate filing location.
For an Alabama resident, venue is generally the probate court of the county where the decedent was domiciled at death. For a decedent who lived outside Alabama, venue may be in an Alabama county where the decedent left assets (Ala. Code § 43-8-162).
The jurisdiction process
- Gather the original will if there is one, death certificate information, asset information, debt information, and names and addresses for heirs, devisees, and interested family members.
- Decide whether the estate needs full administration in Choctaw County or whether another Alabama estate settlement path may fit. If a will exists, the person holding it should deliver it to someone able to secure probate (Ala. Code § 43-8-270).
- Call the Choctaw County Probate Office at (205) 459-2414 before filing because the county does not post a local estate packet, a dated fee total, or estate e-filing instructions.
- File the petition and required documents in the Choctaw County Probate Office at 117 South Mulberry Avenue, Suite 9, Butler, AL 36904. Ask the office how it accepts payment and whether any additional local materials are required.
- The probate judge reviews the filing. If the petition is granted, the court issues letters testamentary for an executor named in a will or letters of administration for an administrator when there is no will or no eligible executor.
- Publish and send required creditor notices. Alabama's nonclaim rule generally bars claims not presented within six months, with additional protection for creditors entitled to actual notice (Ala. Code § 43-2-350).
- Administer the estate by collecting assets, protecting property, paying approved expenses and claims in the proper order, keeping records, and making distributions only when allowed.
- Ask the probate office how Choctaw County schedules any required hearing and whether the court will allow attendance by phone or video for that specific setting.
- Close the estate through the settlement process required by the probate court after administration is complete.
Forms and documents
Probate forms in Choctaw County
Choctaw County does not post downloadable estate petitions, cover sheets, or an estate checklist on its probate page. Call the Choctaw County Probate Office at (205) 459-2414 before you prepare a filing so you know what the office expects with the petition.
If the estate is contested, includes real property that must be sold, or requires drafting beyond basic filing logistics, work with an Alabama probate attorney. Probate office staff can explain filing logistics, not legal strategy.
Local nuance
Choctaw County-specific considerations
| Local point | What it means for families |
|---|---|
| One courthouse in Butler | Estate filings are routed through the Choctaw County Probate Office at the Choctaw County Courthouse, Suite 9. The county does not list a satellite probate office. |
| Combined public counter | The probate office also handles services such as licenses, marriage licenses, voter registration, and other county functions. Estate settlement filings are one part of the office's work, so call ahead for filing instructions. |
| Local probate lookup not posted | The county site does not publish a probate case lookup for estate matters. For case access, contact the probate office directly. |
Recent updates
| Change | What changed |
|---|---|
| Alabama small-estate law changed effective October 1, 2025 | Act 2025-431 changed Alabama's summary distribution ceiling. The current amount is $47,000, effective under the January 6, 2026 Finance Director memorandum and tied to Ala. Code § 43-2-696.02. The figure remains the operative amount through at least March 31, 2027. |
Scenarios
| Scenario | Likely Choctaw County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by checking the deed, mortgage, account titles, and beneficiary designations. If everything passes outside probate, a court filing may be limited or unnecessary. If assets remain in the decedent's name, call the Choctaw County Probate Office about opening an estate in Butler. | Sunset helps identify accounts, organize title information, and prepare a packet for attorney review or court filing. |
| Out-of-state adult child with small estate | Confirm whether Alabama's summary distribution route fits and remember that it is limited to personal property. Because Choctaw County does not post local forms or e-filing instructions, call the probate office before mailing or traveling. | Sunset helps collect asset details, locate the original will if there is one, and connect the family with Alabama counsel when local filing help is needed. |
| Parent settling predeceased child's estate, home must be sold | A home sale usually requires authority from a personal representative and may need full administration in the Choctaw County Probate Court. Plan for a Butler filing and ask counsel about any sale approval issues before listing the property. | Sunset helps build the asset list, organize debts and heirs, and find a local probate attorney for the real-property issues. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Choctaw County Probate Office | Provides local filing logistics for probate matters at the Butler courthouse. Staff can explain office requirements, but they do not choose a legal path or draft legal documents for you. | 117 South Mulberry Avenue, Suite 9, Butler, AL 36904. Phone: (205) 459-2414. |
| Legal Services Alabama | Statewide civil legal help for low-income Alabamians, subject to eligibility and case-type priorities. The program lists civil matters and does not advertise representation for estate administration filings. | Statewide intake: 866-456-4995. Spanish intake: 888-835-3505. Weekdays, 8:30 a.m. to 4:30 p.m. |
| AlabamaLegalHelp.org | Self-help and referral site named by Legal Services Alabama. | AlabamaLegalHelp.org |
When to hire an attorney
A probate attorney is especially useful in Choctaw County when the estate includes real property, a home sale, disagreement among heirs, missing heirs, creditor problems, a will contest, or uncertainty about which Alabama probate path fits. Counsel can prepare the petition, advise the proposed executor or administrator, and communicate with the probate office about local filing expectations. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families search for bank accounts, investments, insurance, retirement accounts, and other assets so the estate settlement plan starts with a clearer inventory.
Generate the probate packet. Sunset organizes family information, asset details, debts, and document checklists into a probate packet that can be used for attorney review or for conversations with the Choctaw County Probate Office.
Find a local probate attorney. When a Choctaw County estate needs legal help, Sunset can connect the family with a vetted Alabama probate attorney who understands local filing practice.
Sunset is free for families. Families can use Sunset to organize estate settlement tasks, track next steps, and get guidance without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Choctaw County?
File Choctaw County probate matters through the Choctaw County Probate Office at the Choctaw County Courthouse, 117 South Mulberry Avenue, Suite 9, Butler, AL 36904.
What is the phone number for the Choctaw County Probate Office?
Call (205) 459-2414 for filing logistics, current fee totals, and questions about what the office wants included with an estate petition.
Does Choctaw County publish probate forms online?
Choctaw County does not post downloadable estate petitions, cover sheets, or an estate checklist on its probate page. Call the probate office before preparing or submitting a packet.
Can I e-file an estate petition in Choctaw County?
The county does not publish estate e-filing instructions. Ask the Choctaw County Probate Office what filing methods it accepts before you rely on mail, delivery, or any electronic option.
How do I look up a Choctaw County probate case?
The county site does not publish a probate case lookup for estate matters. Contact the probate office directly for case access questions.
How much does it cost to open probate in Choctaw County?
Choctaw County does not post a dated estate filing total. Alabama probate fees include a statutory base under Ala. Code § 12-19-90 plus local-law charges that can affect the amount due, so confirm the current total with the probate office before filing.
Can I attend a Choctaw County probate hearing by phone or video?
Remote attendance is handled by the Choctaw County Probate Court for the specific hearing. Ask the probate office about the court's instructions when the hearing is scheduled.
Do I have to travel to Butler for Choctaw County probate?
Plan around the Butler courthouse unless the probate office tells you it will accept another filing or appearance method for your situation. Call (205) 459-2414 before making travel plans.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.