Back to Alabama
Montgomery County, AL Probate Information
Quick facts
| Item | Montgomery County details |
|---|---|
| Court | Montgomery County Probate Court |
| Estate filing location | Courthouse Annex III, 101 South Lawrence Street, 3rd Floor, Montgomery, AL 36104 |
| Mailing address | Probate Judge, P.O. Box 223, Montgomery, AL 36101-0223 |
| Phone | Main probate line: (334) 832-1240. Wills and estates: (334) 832-7127. |
| [email protected] | |
| Fax | Not published by the probate office. |
| Hours | 8:00 a.m. to 5:00 p.m. The county does not publish the days for those hours. |
| Filing fee | Under the county's 2025 filing guidelines, $141.00 to file for probate of a will and $141.00 to file for letters of administration, with $1.50 more for each page of a will beyond five. Confirm the current total with the probate office before filing. |
| Local forms | Yes. Montgomery County publishes local forms and guidelines for wills, administrations, wills annexed, final settlements, creditor claims, bond, inventory, and the Personal Representative Handbook. |
| E-filing status | The county publishes counter and mail filing routes for estate petitions. It publishes e-recording for Records Room documents such as deeds through Simplifile, CSC, and ePN. Ask the probate office how it wants your estate petition delivered. |
| Case search | Use the Montgomery County Probate Court Search Probate Records page. The county offers a probate records index without an account, with images available through a paid web account and older records in the basement records room. |
| Remote appearance | Appearance by phone or video is set by the Montgomery County Probate Court. Ask the probate office when a hearing is set. |
| Website | https://www.montgomeryprobatecourtal.gov/ |
Before you begin — know the assets and liabilities
Before you choose a Montgomery County estate settlement path, build the asset and debt picture first. The petition for letters of administration asks the filer to itemize the personal estate and total rental income and personal estate, and that total drives the bond, which starts at a $10,000 minimum under Montgomery County's published administration guidelines. Sunset's asset discovery searches more than 2,300 financial institutions to find accounts and policies the family may not know about.
Debts also drive the calendar. Montgomery's probate court arranges the newspaper notice to creditors and includes that publication cost in the filing total, but the personal representative must still mail written notice to known creditors. Claims must be presented within six months before they can be paid, with a 30 day period after actual notice for a creditor entitled to that notice (Ala. Code § 43-2-350). Knowing the creditor picture early keeps estate settlement from stalling after the case opens.
Which court handles jurisdiction
The Montgomery County Probate Court serves Montgomery County from Courthouse Annex III in Montgomery. Estate filings are handled downtown on the third floor, not at the county's tag and license satellite offices on Atlanta Highway, McGehee Road, or Mobile Highway.
Montgomery County includes the city of Montgomery, the town of Pike Road, and surrounding unincorporated areas. Venue follows Alabama's rule: open the estate 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). Montgomery's own petition guidelines include separate routes for a decedent who lived in Montgomery County, another Alabama county, or outside Alabama.
If there is a will, Montgomery County states that the probate court must have the original will, with a copy considered only in special circumstances. A will should be filed for probate within five years after death (Ala. Code § 43-8-161).
The jurisdiction process
- Confirm that Montgomery County is the right venue. Use the Montgomery County Probate Court if the decedent was domiciled in Montgomery County at death, or if a decedent who lived outside Alabama left assets in Montgomery County (Ala. Code § 43-8-162).
- If there is a will, locate the original. Montgomery County states that the probate court must have the original will, and a will should be filed for probate within five years after death (Ala. Code § 43-8-161).
- Build the asset and debt picture before preparing the petition. Montgomery's administration petition requires itemized personal estate values and a total for rental income and personal estate, and that total affects the bond amount.
- Download the correct Montgomery County forms. For a will, use the county's will guidelines, petition, waivers, and proof of will materials. For no will, use the petition for letters of administration, the personal representative bond, and the Personal Representative Handbook certificate.
- If you are seeking letters of administration, read the Personal Representative Handbook before filing. Montgomery County requires the signed, notarized certificate from the front of the handbook to be filed with the petition, with one certificate for each petitioner.
- Arrange bond if you are seeking letters of administration. Under Montgomery County's administration guidelines, the bond starts at $10,000 and is obtained through an insurance company, with the amount calculated from one year's estimated rental income on real property, one year's estimated investment income, and the total value of personal property, excluding property that cannot be disposed of without a court order.
- File with the Montgomery County Probate Court on the third floor of Courthouse Annex III, 101 South Lawrence Street, Montgomery, AL 36104, or mail the filing to Probate Judge, P.O. Box 223, Montgomery, AL 36101-0223. Include a certified copy of the death certificate.
- Pay the county filing total. Under Montgomery County's 2025 filing guidelines, probate of a will is $141.00 and letters of administration are $141.00, with $1.50 more for each page of a will beyond five. The county's guidelines say cash, money order, and credit or debit cards are accepted, and that personal checks are not accepted. Confirm the current total with the probate office before filing.
- The probate judge acts on the petition. In Alabama, the probate judge is both the judge and the filing officer, and the Montgomery County Probate Office runs the filing counter under that office.
- Address waivers and any hearing. If all next of kin sign waivers, Montgomery's guidelines treat the will filing as straightforward. If waivers are missing, the petition asks the court to set a hearing, notify the next of kin, appoint a guardian ad litem for any minor or person who is not competent, and subpoena the will's witnesses. The county says extra costs are assessed the day of that hearing.
- Receive authority from the court. Letters testamentary issue when there is a will, and letters of administration issue when there is no will. Banks, title companies, and other institutions commonly ask for certified copies.
- Give notice to creditors. Montgomery's probate court arranges publication in a local newspaper of general circulation in Montgomery County, while the personal representative must mail written notice to known creditors. Claims must be presented within six months, with a 30 day period after actual notice for a creditor entitled to that notice (Ala. Code § 43-2-350).
- File the inventory. Montgomery's Personal Representative Handbook requires a signed, notarized inventory of known assets at date-of-death fair market value within 60 days of appointment, with an amended inventory if more assets are found. Under the county's published Wills and Estates page, filing an inventory is $2.50 per page.
- Administer the estate. Keep estate money in a separate account, keep a ledger, do not pay a decedent's debt unless a written claim has been filed in the probate court, and get court approval before selling, mortgaging, or leasing estate property.
- Record any deed through the recording side of the same probate office if estate real estate is sold. Under the county's published recording fees, a basic one page document is $8.50, deed tax is $0.50 per $500 of value, and the real estate sales validation form applies when required.
- Account and close. Montgomery's handbook requires an annual partial settlement and accounting within 12 months of appointment and every 12 months after that until the estate closes, followed by final settlement after assets are collected, charges are paid, and the claims period has run.
Executor duties
Montgomery County publishes local duties in its Personal Representative Handbook, and the certificate from that handbook is a required filing for letters of administration. Treat these as Montgomery County Probate Court requirements and confirm any case-specific duty with the probate office or an attorney.
| Duty | Montgomery County requirement |
|---|---|
| Handbook certificate | Read the Personal Representative Handbook and file the signed, notarized certificate from the front of it with the petition for letters of administration, one certificate per petitioner. |
| Inventory | File a signed, notarized inventory of all known assets at date-of-death fair market value within 60 days of appointment, and file an amended inventory if more assets are found. Under the county's published Wills and Estates page, the inventory filing charge is $2.50 per page. |
| Estate account and ledger | Open a separate estate bank account using an estate tax identification number and keep a ledger of receipts and disbursements. |
| Creditor notice | Mail written notice by first class mail to known creditors, in addition to the newspaper notice the probate court arranges. |
| Claims | Do not pay a decedent's debt unless a written claim has been filed in the probate court. Claims must be presented within six months, subject to the actual notice rule for creditors entitled to that notice (Ala. Code § 43-2-350). |
| Estate property | Get court approval before any sale, mortgage, or lease of estate property. |
| Accountings | File an annual partial settlement and accounting within 12 months of appointment and every 12 months after that until the estate closes, then file a final settlement. |
Forms and documents
Probate forms in Montgomery County
Montgomery County publishes one of Alabama's fuller local probate form sets. Use the county's All Probate Forms page, which organizes estate materials into folders for Will, Administration, Will Annexed, Final Settlement, Miscellaneous, and General Information.
| Form group | What Montgomery County publishes |
|---|---|
| Will | Dated 2025 guidelines to file for probate of a will, including single-petitioner and two-petitioner versions, codicil versions, out-of-state materials, proof of will, waivers, renunciation, and Medicaid notice. |
| Administration | Guidelines to file for letters of administration marked revised in April 2025, a two-petitioner petition, the Personal Representative Handbook, personal representative bond, inventory, itemization, and Medicaid notice. |
| Will annexed | Guidelines for probate of a will with letters of administration with the will annexed, inventory, proof of will with waivers, waiver forms, and Medicaid notice. |
| Final settlement | Reports of personal representative for final discharge, waiver of final settlement, waiver of bonding company, and Medicaid notice materials. |
| Miscellaneous | Proof of claim, delegation of powers, and Medicaid notice materials. |
| General information | A summary distribution packet for the Alabama Small Estate Act marked as revised in 2026, plus allowance and will materials. |
The Probate Court page also links attorney-only forms that require a password. Those are not the public filing packet for a family preparing an estate settlement.
Fees
Alabama does not have one probate filing total that applies in every county. In Montgomery County, the best filing numbers for an estate petitioner are the probate court's dated 2025 filing guidelines, and the office should be called before filing because the court also publishes a later probate fee document whose figures are not readable from the public link.
| Fee or cost | Montgomery County amount |
|---|---|
| Probate of a will | $141.00 under Montgomery County's probate-of-will filing guidelines published in July 2025, if the will is five pages or fewer and waivers are included. |
| Letters of administration | $141.00 under Montgomery County's letters-of-administration filing guidelines marked revised in April 2025. |
| Long will | $1.50 for each page of the will beyond five, under the county's July 2025 probate-of-will filing guidelines. |
| Inventory | $2.50 per page, under the county's Wills and Estates page. |
| Proof of claim | $1.50 per claim, under the county's Wills and Estates page. |
| Copies of wills | $1.00 per page, 50 cents per page after 10 pages, plus $2.00 to certify a document, under the county's Wills and Estates page. |
| Online image account | $10 per month plus $0.25 for each printed image, under the county's Records and Recording page. |
| Bond for letters of administration | Minimum $10,000 under Montgomery County's administration guidelines, with the final amount calculated from the estate figures listed in the county's bond instructions. |
| Basic one page deed recording | $8.50 under the county's Records and Recording fees, plus deed tax of $0.50 per $500 of value when applicable. |
The county's 2025 filing guidelines say the estate filing total includes the court cost and the cost of publishing notice to creditors. They also say cash, money order, and credit or debit cards are accepted, and that personal checks are not accepted.
Local nuance
Montgomery County-specific considerations
| Local point | Why it matters |
|---|---|
| One building, three doors | Estate filings go to the Probate Court on the third floor of Courthouse Annex III. Records, recording, and the County Archives are in the basement, entered at Washington and Lawrence Streets. Tags and licenses are on the second floor. |
| Satellite offices | Probate East on Atlanta Highway, Probate South on McGehee Road, and Probate West on Mobile Highway are published as tag and license offices. Estate matters are handled downtown. |
| Handbook certificate | A petitioner for letters of administration must read the Personal Representative Handbook and file the signed, notarized certificate from the front of it with the petition. |
| Notice publication | The probate court arranges newspaper publication for notice to creditors in Montgomery County, and the publication cost is included in the filing total. The personal representative still mails written notice to known creditors. |
| Probate records index | Montgomery runs its own probate records index search through the probate court's Search Probate Records page. Images require a paid web account, and older records may be on microfilm in the basement records room. |
| Recording in the same office | The same probate office handles deed recording. E-recording is available for Records Room documents through Simplifile, CSC, and ePN, with documents presented after 4:00 p.m. recorded the next business day. |
Small-estate Alternatives
Montgomery County publishes its own summary distribution packet for the Alabama Small Estate Act on the probate forms page, and the version currently posted is marked as revised in 2026. Because summary distribution is a statewide path with specific limits and conditions, ask the Montgomery County Probate Office whether that packet fits before opening a full administration.
Recent updates
| Update | What changed |
|---|---|
| Small estate rules | Alabama's small estate rules were rewritten by Act 2025-431, effective October 1, 2025, with the ceiling tied to the combined statutory allowances (Ala. Code § 43-2-696.02). Montgomery County posts a summary distribution packet marked as revised in 2026. |
| Estate filing guidelines | Montgomery County reissued estate filing guidelines during 2025. The letters-of-administration sheet is marked revised in April 2025, the probate-of-will sheets were published in July 2025, and those sheets set the filing total at $141.00 and state that personal checks are not accepted. |
| Probate court fee document | The probate court links a probate fee document dated November 5, 2025. Because a filer should use the current total at the time of filing, call the probate office before submitting payment. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start at the Montgomery County Probate Court on the third floor of Courthouse Annex III, not the basement records room and not a tag office. If there is a will, the original will, certified death certificate, petition, and waivers from next of kin go with the filing, and the county's 2025 guidelines set the filing total at $141.00. With no will, the route is letters of administration at $141.00 under the county's April 2025 guidelines, plus a bond that starts at $10,000. How the home passes depends on the deed, which is recorded in the same building through the recording division. | Sunset helps find accounts, policies, and debts before the petition is drafted, so the estate settlement path and bond estimate fit what the spouse actually owns and owes. |
| Out-of-state adult child with small estate | Ask the probate office how to proceed before filing, because Montgomery County's own letters-of-administration guidelines state that the petitioner must be an Alabama resident. Montgomery also publishes petition guidelines for a decedent who lived outside Alabama and left property in Montgomery County. Filings may be mailed to Probate Judge, P.O. Box 223, Montgomery, AL 36101-0223, and the probate records index can be searched remotely through the county's Search Probate Records page. | Sunset helps assemble the asset picture remotely so the family can ask the probate office about the right route before mailing a petition to Montgomery. |
| Parent settling predeceased child's estate, home must be sold | The parent starts on the third floor to open the administration, which is $141.00 under the county's April 2025 guidelines, with a bond starting at $10,000. Montgomery's handbook requires court approval before any sale, mortgage, or lease of estate property. After approval, the deed is recorded through the basement recording division, where a basic one page document is $8.50 under the county's recording fees, plus deed tax of $0.50 per $500 of value when applicable. Creditors have six months to present claims (Ala. Code § 43-2-350). | Sunset helps surface debts and accounts tied to the home early, so the sale is not delayed by an unknown account, lien, or creditor claim. |
Self-help resources
| Resource | How it can help | Contact |
|---|---|---|
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case priorities. Its published practice areas include heirs property and estate planning, but it does not advertise estate administration representation. | Statewide intake: 866-456-4995. Spanish line: 888-835-3505. Montgomery office: 3054 McGehee Road, Montgomery, AL 36111, phone (334) 832-4570. Call center hours are 8:30 a.m. to 4:30 p.m., Monday through Friday. |
| Lawyer referral named by the probate court | The Montgomery County Probate Court's Wills and Estates page directs readers to a lawyer referral through the state bar. | (334) 269-1515 and alabar.org |
| AlabamaLegalHelp.org | Legal Services Alabama names this as its companion self-help and referral site. | https://www.alabamalegalhelp.org/ |
| Montgomery County Probate Office | For procedural routing, forms, office hours, records access, payment questions, and how a hearing will be handled. The probate court's site says its information is educational and is not legal advice. | Main line: (334) 832-1240. Wills and estates: (334) 832-7127. Email: [email protected]. |
| Montgomery County Archives | Records and historical research resource for older county materials. It is not a filing counter and is not legal help. | Basement of Courthouse Annex III, entrance at Washington and Lawrence Streets. Phone: (334) 832-7173. Hours: 8:00 a.m. to 5:00 p.m. |
When to hire an attorney
In Montgomery County, counsel is especially important when next of kin will not sign waivers, a minor or a person who is not competent is involved, a house must be sold, the estate may be insolvent, or a contested matter may need removal to circuit court after the estate has opened (Ala. Code § 12-11-41). The probate court's own Wills and Estates page says its information is educational and not legal advice, its filing guidelines say the court may require a filer to hire an attorney in some cases, and the mandatory Personal Representative Handbook is written with repeated instructions to consult an attorney. Sunset connects you to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 financial institutions for accounts, policies, and other assets, then helps you organize what the Montgomery County petition needs. That matters here because the administration petition requires asset values and the bond amount depends on the estate picture.
Generate the probate packet. Sunset turns the estate information into a working packet for the local path, whether the case needs probate of a will, letters of administration, waivers, inventory planning, or records follow-up through Montgomery County's forms and records pages.
Find a local probate attorney. If the family needs counsel for a hearing, missing waivers, a minor heir, a home sale, creditor issues, or a contested estate settlement, Sunset can connect the family with a vetted probate attorney familiar with Alabama probate practice.
Sunset is free for families. Families can use Sunset to organize the estate, find assets, prepare for the Montgomery County Probate Office, and decide whether attorney help is needed without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Montgomery County, Alabama?
File at the Montgomery County Probate Court on the third floor of Courthouse Annex III, 101 South Lawrence Street, Montgomery, AL 36104. The published hours are 8:00 a.m. to 5:00 p.m. Filings may also be mailed to Probate Judge, P.O. Box 223, Montgomery, AL 36101-0223. The county's satellite offices on Atlanta Highway, McGehee Road, and Mobile Highway are tag and license offices, and records and recording are in the basement of the same downtown building.
How much does it cost to file probate in Montgomery County?
Under Montgomery County's 2025 filing guidelines, it is $141.00 to file for probate of a will and $141.00 to file for letters of administration, with $1.50 more for each page of a will beyond five. Filing an inventory is $2.50 per page under the county's Wills and Estates page, and a creditor's proof of claim is $1.50 per claim. There is no single Alabama probate filing total for every county, so confirm the current total with the Montgomery County Probate Office before filing.
Does Montgomery County have probate forms I can download?
Yes. The Montgomery County Probate Court's forms page has folders for wills, administrations, wills annexed, final settlements, and miscellaneous estate filings. The public materials include dated guidelines, waivers, renunciation, proof of will, the personal representative bond, inventory, proof of claim, final discharge reports, the Personal Representative Handbook, and a summary distribution packet marked as revised in 2026.
Do I have to read the Personal Representative Handbook in Montgomery County?
If you are petitioning for letters of administration, yes. Montgomery County requires the petitioner to read the Personal Representative Handbook before filing and to file the signed, notarized certificate from the front of it with the petition. If there is more than one petitioner, each petitioner files a certificate.
Is a bond required to be appointed in Montgomery County?
Montgomery County's letters-of-administration guidelines require a bond arranged through an insurance company, with a minimum of $10,000. The amount is based on one year's estimated rental income on real property, one year's estimated income from investments, and the total value of personal property, excluding property that cannot be disposed of without a court order. The names on the bond must match the names on the petition.
Will there be a hearing to probate a will in Montgomery County?
It depends largely on the waivers. If every next of kin signs a waiver, the county's guidelines treat the filing as straightforward. If waivers are missing, the petition asks the court to set a hearing, notify the next of kin, appoint a guardian ad litem for any minor or person who is not competent, and subpoena the will's witnesses. The county says additional costs are assessed the day of that hearing, so ask the probate office at (334) 832-1240 when you file.
Can I e-file a probate petition in Montgomery County?
Montgomery County does not publish an electronic filing channel for estate petitions. It publishes a counter on the third floor of Courthouse Annex III and a mailing address, and the court must have the original will. The county's e-recording service through Simplifile, CSC, and ePN is for Records Room documents such as deeds, not a published estate petition route. Ask the probate office at (334) 832-1240 how it wants your petition delivered.
How do I look up a probate case or an old will in Montgomery County?
Use the Montgomery County Probate Court's Search Probate Records page. The county offers a probate records index without an account after the user accepts a disclaimer. Viewing and printing images online requires a web account at $10 per month plus $0.25 for each printed image, set up through the records room. In person, will book images are on public computers in the basement records room, older records may be on microfilm, and copies of wills are $1.00 per page with $2.00 to certify a document.
Can I attend a Montgomery County probate hearing by phone or video?
That is set by the Montgomery County Probate Court, which does not publish a phone or video appearance policy. Ask the probate office at (334) 832-1240 when your matter is set.
Do I have to travel to Montgomery to settle an estate there?
You may be able to start by mail. Montgomery County accepts filings by mail at Probate Judge, P.O. Box 223, Montgomery, AL 36101-0223, publishes downloadable forms, and offers a probate records index that can be searched remotely. The county's letters-of-administration guidelines state that the petitioner must be an Alabama resident, so a family member living outside Alabama should ask the probate office how to proceed before filing. Whether an appearance is needed depends on the matter and on whether waivers are signed.
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.