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Lee County, AL Probate Information
Quick facts
| Item | Lee County details |
|---|---|
| Court | Lee County Probate Court |
| Filing office | Lee County Probate Office, Lee County Courthouse |
| Courthouse address | 215 South 9th Street, Opelika, AL 36801 |
| Mailing address | P.O. Box 2266, Opelika, AL 36803 |
| Phone | (334) 737-3670 |
| Fax | Lee County does not publish a fax number for the probate office. |
| Hours | Opelika courthouse and Auburn satellite: 8:30 a.m. to 4:30 p.m., Monday through Friday. Smiths Station satellite: 9:00 a.m. to 4:30 p.m., Monday through Friday. Lee County also shows an 8:00 a.m. opening for Opelika and Auburn in another county posting, so call before an early visit. |
| Published probate costs | Lee County currently publishes these costs without an effective date: probate of a will, $151.00; administration of an intestate estate, $135.00; summary distribution of a small estate, $62.00. Confirm the total before filing. |
| Payment | Cash, check, cashier's check, or money order. |
| Local forms | Lee County publishes no estate petition packet, checklist, or cover sheet. |
| Electronic filing | Lee County does not publish an electronic filing channel for estate petitions. Ask the probate office how it wants the petition and any original will delivered. |
| Estate record access | Lee County routes estate and probate record questions through the probate office. Recorded document access is available through public viewing stations at the courthouse and by written mail request with the book, page, and recording date. |
| Remote appearance | Set by the Lee County Probate Court. Ask the probate office when a hearing is scheduled. |
| Website | Lee County Probate Judge; estate information is under the probate court section. |
Before you begin — know the assets and liabilities
Before you choose a Lee County probate path, build a full picture of the assets and debts. The route matters at the Opelika counter because Lee County currently publishes different, undated costs for different filings: $151.00 for probate of a will, $135.00 for administration of an intestate estate, and $62.00 for summary distribution of a small estate. Sunset's asset discovery searches more than 2,300 financial institutions for accounts and policies, which helps a family choose the right estate settlement path before the petition is drafted.
Debts drive the calendar as much as assets do. Alabama's creditor bar runs on a six-month track, known creditors receive individual notice, and Lee County's own guidance says an estate generally is not divided until claims and expenses are paid. A cleaner asset and liability list at the start makes the Lee County estate settlement less likely to stall after letters issue.
Which court handles jurisdiction
File a Lee County estate in the Lee County Probate Court through the Lee County Probate Office at the Lee County Courthouse, 215 South 9th Street in Opelika. Lee County is not a two-courthouse county for estate filing purposes. The probate judge's office also lists an Auburn satellite at 1266 Mall Parkway and a Smiths Station satellite at 2336 Lee Road 430, but the county does not publish which estate services, if any, those offices handle. Call the Opelika probate office before taking estate papers to a satellite.
Lee County covers Opelika, the county seat, and Auburn, the county's largest city and home to Auburn University, along with Smiths Station, Waverly, Loachapoka, and the surrounding unincorporated county. Venue depends on domicile, not just a mailing address: probate is opened in the probate court of the county where the decedent was domiciled at death, and for a nonresident decedent, in a county where the decedent left assets (Ala. Code § 43-8-162). Lee County also tells readers that wills generally must be filed for probate in the county where the deceased lived.
If there is a will, whoever holds it must deliver it to the probate court or to someone who can secure probate (Ala. Code § 43-8-270). Lee County states that a will must be filed within five years of the testator's death, which matches Alabama's five-year filing bar (Ala. Code § 43-8-161).
The jurisdiction process
- Confirm that Lee County is the proper venue. The estate opens in the probate court of the county where the decedent was domiciled at death, or, for a decedent who lived outside Alabama, in a county where the decedent left assets (Ala. Code § 43-8-162).
- If there is a will, locate the original. A person holding the will has a duty to deliver it to the probate court or to someone who can secure probate (Ala. Code § 43-8-270), and Lee County states that the will must be filed within five years of death (Ala. Code § 43-8-161).
- Identify the assets, debts, heirs, and possible creditors before drafting the petition. Lee County publishes no estate forms, and the probate office states that the probate judge cannot advise you on the law or provide forms.
- Prepare the petition for the path you are asking the probate judge to open. In Alabama, letters testamentary issue when there is a will and letters of administration issue when there is no will.
- File through the Lee County Probate Office at the Lee County Courthouse, 215 South 9th Street, Opelika, AL 36801. The mailing address is P.O. Box 2266, Opelika, AL 36803. Ask the probate office how it wants an estate petition and any original will delivered before mailing original documents.
- Pay the Lee County cost for the proceeding. Lee County currently publishes these amounts without an effective date: $151.00 for probate of a will, $135.00 for administration of an intestate estate, and $62.00 for summary distribution of a small estate. The probate office accepts cash, check, cashier's check, or money order, and you should confirm the current total before filing.
- The probate judge acts on the petition. In Lee County, the probate judge is both the judge and the filing officer, and Lee County publishes that the probate chief clerk can perform judicial duties in uncontested matters.
- Give notice to heirs and ask about any hearing. Lee County does not publish probate hearing days or an appearance policy, so ask when filing whether a hearing is needed and whether the court will allow participation by phone or video.
- Obtain letters testamentary or letters of administration after the court grants authority. Banks, title companies, and other institutions commonly ask for those documents before releasing estate assets.
- Publish notice to creditors and give individual notice to known creditors. Lee County's guidance calls for publication once a week for three weeks and individual notice to anyone known to have a claim. Claims are barred if not presented within six months (Ala. Code § 43-2-350), and a creditor entitled to actual notice gets 30 days from that notice.
- File the inventory and confirm the current deadline with the probate office. Lee County currently publishes, without an effective date, an inventory cost of $5.00 plus $3 per page.
- Administer the estate, pay valid claims in the required order, and seek court approval where needed. Lee County's guidance says selling estate real estate needs court authorization first. A deed from the estate is recorded through the same probate office, whose recording schedule is published without an effective date and lists a $5.00 index fee plus $3 per page, with deed tax of $0.50 per $500 of value. Since August 1, 2012, Lee County has required the real estate sales validation form unless the deed states the purchase price (Ala. Code § 40-22-1).
- Close with any required settlement. Lee County currently publishes, without an effective date, $20.00 plus $3 per page for a partial or final settlement.
- If a dispute or equitable issue arises, an interested party may petition to remove the already-opened administration to the circuit court (Ala. Code § 12-11-41). The estate still opens first in the Lee County Probate Court.
Forms and documents
Probate forms in Lee County
Lee County does not publish probate forms for opening an estate. The county's estate guidance says that handling estates is complex and that the probate judge cannot advise you on the law or provide forms. Alabama also does not provide a public statewide estate petition packet for county probate filings.
That means a self-represented filer should call the Lee County Probate Office at (334) 737-3670 before drafting or mailing anything, ask what the petition must contain, and confirm the current cost and payment method. If an original will exists, plan for the original to reach the probate office in Opelika.
Fees
Lee County publishes a probate court cost schedule, but the schedule does not print an effective date. Treat these as the county's current published amounts and confirm the total with the probate office before filing.
| Filing or item | Lee County currently publishes |
|---|---|
| Probate of will | $151.00, published without an effective date |
| Administration of intestate estate | $135.00, published without an effective date |
| Summary distribution of small estate | $62.00, published without an effective date |
| Inventory | $5.00 plus $3 per page, published without an effective date |
| Partial or final settlement | $20.00 plus $3 per page, published without an effective date |
The probate office states that it accepts payment by cash, check, cashier's check, or money order. Lee County also publishes recording charges that matter when estate real estate changes hands, including a $5.00 index fee plus $3 per page, published without an effective date, and deed tax of $0.50 per $500 of value. Since August 1, 2012, a buyer recording a deed must provide the purchase price or file the real estate sales validation form unless the purchase price is stated in the deed (Ala. Code § 40-22-1).
Local nuance
Lee County-specific considerations
| Local point | What it means for a Lee County estate |
|---|---|
| Three public offices | Open the estate through the probate office at the Lee County Courthouse in Opelika. The probate judge's office also lists an Auburn satellite at 1266 Mall Parkway, (334) 737-7297, and a Smiths Station satellite at 2336 Lee Road 430, (334) 448-3299, but the county does not publish which estate services either satellite handles. |
| Hours conflict | Lee County publishes 8:30 a.m. to 4:30 p.m., Monday through Friday, for Opelika and Auburn in its county hours block, while another probate posting shows an 8:00 a.m. opening. Smiths Station is listed as 9:00 a.m. to 4:30 p.m., Monday through Friday. Call before an early trip. |
| Payment method | The probate office accepts cash, check, cashier's check, or money order. It does not list card payment for probate court costs. |
| Probate judge's office has several roles | The same office handles the probate court, licensing, and public records functions, and the probate judge also chairs the Lee County Commission and serves as the county's chief elections official. That is why an estate may involve both the court side and the recording side of the office. |
| Estate record access | Lee County routes estate file questions through the probate office. For recorded documents, the office provides public viewing stations at the courthouse, can help search by name in person, and accepts written mail requests when you provide the book, page, and recording date. |
| E-recording is limited to land records | Lee County links Simplifile for e-recording real-estate instruments such as deeds and mortgages. That is not a route for filing an estate petition. |
Recent updates
| Change | What it means in Lee County |
|---|---|
| Alabama small estate rules changed effective October 1, 2025 | Act 2025-431 rewrote Alabama's summary distribution rules and tied the ceiling to the combined statutory allowances (Ala. Code § 43-2-696.02). Lee County currently publishes, without an effective date, a $62.00 cost for summary distribution of a small estate. Confirm the current statewide eligibility rules with the Alabama state page or the Lee County Probate Office before filing. |
Page last reviewed: August 2026.
Scenarios
| Situation | Likely Lee County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Open the estate through the Lee County Probate Office at the courthouse in Opelika. If there is a will, the original goes with the petition and Lee County currently publishes, without an effective date, $151.00 for probate of a will. With no will, Lee County currently publishes, without an effective date, $135.00 for administration of an intestate estate. Bring cash, check, cashier's check, or money order. How the home passes depends on how the deed is written, and the same probate office is where that deed was recorded. | Sunset helps locate accounts, policies, and debts before the petition is drafted, so the estate settlement path matches what the spouse actually owns and owes. |
| Out-of-state adult child with small estate | Start by calling (334) 737-3670. Lee County handles written requests and documents by mail at P.O. Box 2266, Opelika, AL 36803, but it publishes no estate forms and no electronic filing channel for estate petitions. Ask how the probate office wants the petition, any original will, and payment delivered. If a hearing is set, ask whether the court will allow phone or video participation. | Sunset helps assemble the asset picture remotely, so the child's first call to the Opelika probate office is based on a clearer estate settlement plan. |
| Parent settling predeceased child's estate, home must be sold | Open the administration in Opelika. If there is no will, Lee County currently publishes, without an effective date, $135.00 for administration of an intestate estate. Lee County's guidance says selling estate real estate needs court authorization first. The deed is then recorded through the same probate office, whose recording schedule is published without an effective date and lists a $5.00 index fee plus $3 per page, with deed tax of $0.50 per $500 of value. Since August 1, 2012, the real estate sales validation form is required unless the purchase price is stated in the deed (Ala. Code § 40-22-1). | Sunset helps surface debts, accounts, and property-linked obligations early, so the sale is not delayed by a claim or account the family did not know about. |
Self-help resources
| Resource | How it can help | Important limit |
|---|---|---|
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case priorities. Statewide intake: 866-456-4995. Spanish line: 888-835-3505. Intake hours are 8:30 a.m. to 4:30 p.m., Monday through Friday, and online applications are accepted. | Legal Services Alabama lists heirs property and estate planning among its practice areas and states that its offices handle civil cases only. Ask about your situation, but do not assume estate administration representation. |
| Alabama State Bar Volunteer Lawyers Program | A statewide pro bono program that matches volunteer attorneys with low-income Alabamians who need help with civil matters. Phone: (334) 269-1515 or (800) 354-6154. | The program describes civil matters generally and does not publish a Lee County probate coverage list. |
| Alabama State Bar Lawyer Referral Service | A referral route for finding an Alabama attorney through alabar.org. | Use it to look for counsel. Consultation terms should be checked directly with the service. |
| AlabamaLegalHelp.org | Legal Services Alabama identifies this as its companion self-help and referral site. | Use it as a starting point, then confirm any probate-specific question with counsel or the probate office. |
| Lee County Probate Office | For routing questions: office hours, where to bring documents, current costs, records access, payment, and how a hearing will be handled. Phone: (334) 737-3670. | The office states it is prohibited from offering legal advice, and Lee County says the probate judge cannot advise on the law or provide forms. |
When to hire an attorney
Lee County itself advises people to seek an attorney because of the complexity of probate procedures and states that the probate judge cannot advise on the law or provide forms. Counsel makes particular sense when Lee County real estate must be sold, when heirs disagree, when someone signals a will contest, when debts may exceed available assets, or when a dispute may require removal of an already-opened administration to the circuit court. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions for accounts, insurance policies, and other assets so the family is not guessing before filing in Opelika.
Generate the probate packet. Lee County publishes no estate petition forms, and its office states that it cannot advise on the law or provide forms. Sunset helps organize the information needed for a Lee County estate packet so the filing conversation starts from a complete asset and family picture.
Find a local probate attorney. When a Lee County estate involves a home sale, a dispute, creditor problems, or a missing form path, Sunset can connect the family with a vetted probate attorney familiar with Alabama practice.
Sunset is free for families. Sunset is paid by partners, not by grieving families, so you can start estate settlement tasks without paying Sunset for access.
Frequently asked questions
Where do I file probate in Lee County, Alabama?
File through the Lee County Probate Office at the Lee County Courthouse, 215 South 9th Street, Opelika, AL 36801. Opelika is the county seat, so a Lee County estate is opened there even if the decedent lived in Auburn, Smiths Station, or another Lee County community. The mailing address is P.O. Box 2266, Opelika, AL 36803, and the phone number is (334) 737-3670.
How much does it cost to file probate in Lee County?
Lee County currently publishes these probate costs without an effective date: $151.00 for probate of a will, $135.00 for administration of an intestate estate, $62.00 for summary distribution of a small estate, $5.00 plus $3 per page for an inventory, and $20.00 plus $3 per page for a partial or final settlement. Confirm the current total with the probate office before filing. The office accepts cash, check, cashier's check, or money order.
Can I file probate at the Auburn or Smiths Station office instead of Opelika?
The probate judge's office lists an Auburn satellite at 1266 Mall Parkway, (334) 737-7297, and a Smiths Station satellite at 2336 Lee Road 430, (334) 448-3299. Lee County does not publish which estate services either satellite handles, and estate matters are tied to the probate court at the courthouse in Opelika. Call (334) 737-3670 before taking estate papers to a satellite office.
Can I e-file a probate petition in Lee County?
Lee County does not publish an electronic filing channel for estate matters. Its Simplifile e-recording route is for real-estate documents such as deeds and mortgages, not estate petitions. Ask the probate office at (334) 737-3670 how it wants your petition and any original will delivered.
Does Lee County have probate forms I can download?
No. Lee County publishes no probate forms for opening an estate, and its guidance says the probate judge cannot advise you on the law or provide forms. A self-represented filer should ask the probate office what the petition must contain before drafting or mailing anything.
How do I look up a probate case in Lee County?
Lee County routes estate file access through the probate office. For recorded documents, the office provides public viewing stations at the courthouse in Opelika, can help search by name in person, and accepts written mail requests when you provide the book, page, and recording date. Call (334) 737-3670 and ask what is needed for the file you want.
Can I attend a Lee County probate hearing by phone or video?
That is set by the Lee County Probate Court. Lee County does not publish an appearance policy, and Alabama does not have a statewide remote-appearance rule for county probate courts. Ask the probate office at (334) 737-3670 when your matter is set.
Do I have to travel to Opelika to settle an estate in Lee County?
Not always at the start. The probate office handles written requests and documents by mail at P.O. Box 2266, Opelika, AL 36803, and recorded document copies can be requested by mail when you provide the book, page, and recording date. Whether a personal appearance is needed depends on the matter, so ask the probate office when you file. If there is an original will, plan for it to reach the probate office.
How long do creditors have to make a claim against an estate in Lee County?
Claims are barred if not presented within six months (Ala. Code § 43-2-350), and a creditor entitled to actual notice gets 30 days from that notice. Lee County's guidance calls for creditor notice to be published once a week for three weeks, with individual notice to anyone known to have a claim.
What if someone contests the will in Lee County?
A contest before the will is admitted may be brought in the probate court. If an estate becomes contested or needs equitable relief, an interested party may petition to remove the already-opened administration to the circuit court (Ala. Code § 12-11-41). The estate still starts in the Lee County Probate Court.
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.