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Morgan County, AL Probate Information

Quick facts
| Item | Morgan County detail |
|---|---|
| Court | Morgan County Probate Court |
| Courthouse address | Morgan County Courthouse, 302 Lee Street NE, second floor, Decatur, AL 35601 |
| Mailing address | Morgan County Probate Office, P.O. Box 848, Decatur, AL 35602 |
| Phone | 256-351-4675 |
| Fax | Probate fax listed by the contact page: 256-351-4884 |
| [email protected] | |
| Hours | Monday through Friday, 8:00 a.m. to 4:30 p.m. Check the probate office news before traveling because courthouse work has produced announced closures. |
| Filing fee | Under the Morgan County Probate Court cost schedule effective April 1, 2026, opening an estate on a will costs $78.00 for a will of five pages or less, and opening an administration where there is no will costs $88.00, before publication costs. |
| Local forms | Morgan County publishes an inventory form, a personal representative handbook, and Medicaid notice instructions. It does not publish estate petition forms. |
| E-filing status | The county publishes no electronic filing system for estate cases. Estate filings go to the Morgan County Probate Office; call before mailing original papers. |
| Online lookup | The probate office publishes estate notices by decedent name and also runs an online index of recorded documents. Neither tool is a full estate docket. |
| Remote appearance | How a probate hearing is attended is set by the Morgan County Probate Court. Ask the probate office when a hearing is scheduled. |
| Website | morgancountyprobate.com |
Before you begin — know the assets and liabilities
Before you file in Morgan County, identify the accounts, debts, vehicles, real estate, insurance, and other property involved. Morgan County front-loads that work: a personal representative appointed by the court must file a signed, notarized inventory within 60 days of appointment, and the inventory affects the bond the court requires.
Also price the first round of estate settlement work before you go to Decatur. The county schedule lists the filing totals, but newspaper publication, certified copies of letters, claims, and later settlement filings can add separate costs. Sunset searches more than 2,300 financial institutions to help families find accounts before the inventory deadline.
Which court handles jurisdiction
The Morgan County Probate Court serves Morgan County from the Morgan County Courthouse in Decatur. Estate filings are made at the Morgan County Probate Office on the courthouse second floor. The Morgan County service centers used for license work in Hartselle and near Somerville are not probate filing locations.
Morgan County communities named by the county include Decatur, Hartselle, Priceville, Falkville, Somerville, Trinity, and Eva. Venue for probating a will is generally the probate court of the county where the decedent was domiciled at death, or, for a person who lived outside Alabama, a county where the decedent left assets (Ala. Code § 43-8-162). A mailing address or ZIP code does not by itself decide venue, so ask the probate office before filing if the county is unclear.
A will must be filed for probate within five years after death (Ala. Code § 43-8-161). A person holding the will has a duty to deliver it so probate can be secured (Ala. Code § 43-8-270).
The jurisdiction process
- Locate the original will if there is one. A person holding the will has a duty to deliver it so probate can be secured (Ala. Code § 43-8-270), and a will must be filed for probate within five years after death (Ala. Code § 43-8-161).
- Build the asset and debt list before filing. Morgan County requires a signed, notarized inventory early in the case, and the inventory affects bond and administration decisions.
- Prepare the petition. Morgan County does not publish a petition to probate a will, a petition for letters of administration, or a summary distribution petition, and Alabama does not have a statewide probate form set.
- File the petition with the Morgan County Probate Office on the second floor of the Morgan County Courthouse, 302 Lee Street NE, Decatur, AL 35601. The office also lists P.O. Box 848, Decatur, AL 35602, as its mailing address, but call 256-351-4675 before mailing original papers.
- Pay the opening costs. Under the Morgan County Probate Court cost schedule effective April 1, 2026, probating a will of five pages or less costs $78.00, a grant of letters of administration costs $88.00, and a will over five pages adds $3.00 per page under Ala. Code § 12-19-90.
- The probate judge acts on the petition. The probate judge is the judicial officer for the Morgan County Probate Court and the officer in whose office estate petitions are filed.
- If the case is an intestate administration, review the Morgan County handbook for personal representatives with the estate attorney and file the signed certificate from the handbook before letters of administration issue.
- Receive letters testamentary or letters of administration. Under the Morgan County schedule effective April 1, 2026, each additional certified copy of letters costs $4.00.
- Arrange any surety bond the court requires. Morgan County's handbook for personal representatives says the bond amount is set from the initial inventory and that the premium is paid yearly until the estate closes.
- Give notice to the Alabama Medicaid Agency and file proof of that notice with the probate court.
- Publish notice to creditors. Morgan County's handbook says the probate court currently arranges the newspaper publication and the personal representative pays the cost. Under the county schedule effective April 1, 2026, an estate notice through the Hartselle Enquirer is listed at $69.00.
- Send written notice by first class mail to creditors the personal representative knows about. Creditors have six months from the estate opening to file written claims with the court (Ala. Code § 43-2-350).
- File the signed, notarized inventory within 60 days after appointment using the court's inventory form, and file an amended inventory if additional assets are found.
- Keep estate money in a separate interest-bearing estate account, keep the ledgers described in the court's handbook, and seek court approval before making a partial distribution to heirs.
- File an annual partial settlement and accounting within 12 months after appointment and every 12 months after that until the estate closes, unless a final settlement has already been filed.
- Close the estate with a final settlement after assets are collected, allowed expenses and claims are handled, the claims period has expired, notice is given to heirs, and the court approves the accounting and distribution.
- If the administration becomes contested or needs equitable relief, an interested party may petition to remove the already-opened administration to the Circuit Court of Morgan County (Ala. Code § 12-11-41). The estate still starts in the Morgan County Probate Court.
Executor duties
Morgan County publishes a handbook for personal representatives it appoints. These local duties matter because they affect when letters of administration issue and what the probate court expects to see in the file.
| Duty | Morgan County practice |
|---|---|
| Handbook certificate | For an intestate administration, review the court's handbook with the estate attorney and file the signed certificate before letters of administration issue. |
| Inventory | File a signed, notarized inventory within 60 days after appointment on the court's inventory form, and amend it if more assets are found. |
| Estate account | Use a separate interest-bearing estate bank account and keep the ledgers of receipts, disbursements, and non-cash assets described in the handbook. |
| Annual accounting | File an annual partial settlement and accounting within 12 months after appointment and every 12 months after that until the estate closes, unless a final settlement has already been filed. |
| Partial distributions | Get court approval before making partial distributions to heirs. |
| Bond premium | Where the court requires a bond, keep the premium paid each year until the estate closes. |
Forms and documents
Probate forms in Morgan County
Morgan County publishes estate materials, but it does not publish the petition forms used to start a probate estate. The county's Estates materials include an inventory spreadsheet, the court's handbook for personal representatives, and Medicaid notice instructions.
| Item | How it is used |
|---|---|
| Estate inventory | Used for the signed, notarized inventory due within 60 days after a personal representative is appointed. The county notes that macros must be enabled for that file to work. |
| Personal representative handbook | Explains the Morgan County duties for an intestate administration. The certificate at the back must be signed by the personal representative and the estate attorney before letters of administration issue. |
| Medicaid notice procedure | Explains the estate notice to the Alabama Medicaid Agency and the proof that is filed with the probate court. |
| Probate court cost schedule | Lists Morgan County estate filing totals and publication rates effective April 1, 2026. |
The county does not publish a petition to probate a will, a petition for letters of administration, or a summary distribution petition. Alabama does not have a statewide probate form set, so estate settlement petitions are usually drafted rather than filled in from a public packet.
Fees
Morgan County publishes a dated probate court cost schedule, so Morgan County readers should use the county totals rather than a state-level estimate. Under the Morgan County Probate Court cost schedule effective April 1, 2026, probating a will of five pages or less costs $78.00, and a grant of letters of administration costs $88.00, before publication and later case costs.
| Fee item | Morgan County amount |
|---|---|
| Probate of will, five pages or less | $78.00 under the cost schedule effective April 1, 2026 |
| Will over five pages | $3.00 per page over five under Ala. Code § 12-19-90 and the cost schedule effective April 1, 2026 |
| Grant of letters of administration | $88.00 under the cost schedule effective April 1, 2026 |
| Additional certified copy of letters testamentary or letters of administration | $4.00 under the cost schedule effective April 1, 2026 |
| Estate notice publication | $69.00 through the Hartselle Enquirer under the cost schedule effective April 1, 2026 |
| Final settlement notice publication | $155.22 through the Hartselle Enquirer under the cost schedule effective April 1, 2026 |
| Filing and docketing each claim | $8.00 under the cost schedule effective April 1, 2026 |
| Filing an inventory | $8.00 under the cost schedule effective April 1, 2026 |
| Consent final settlement, 10 pages or less | $18.00 under the cost schedule effective April 1, 2026 |
| Consent final settlement over 10 pages | $3.00 per page over 10 under Ala. Code § 12-19-90 and the cost schedule effective April 1, 2026 |
The Morgan totals include local charges listed on the county schedule: a $2.00 Morgan County Law Library Fund charge under Ala. Code § 45-52-82.01 and a $5.00 Morgan County Special Fee under Ala. Code § 45-52-84.23, both on the schedule effective April 1, 2026. Those local charges are why the Morgan County total is a county-specific number.
If estate real estate is sold and a deed is recorded, the separate Morgan County recording schedule effective October 1, 2025, lists $11.00 in base recording charges for a deed, plus deed tax of $0.50 per $500 of value under Ala. Code § 40-22-1. Recording costs are separate from the probate filing costs.
Local nuance
Morgan County-specific considerations
| Local point | What it means for Morgan County estate settlement |
|---|---|
| One probate filing location | Estate filings are made at the Morgan County Probate Office on the second floor of the courthouse in Decatur. The county service centers used for license business do not take estate papers. |
| Local charges in filing totals | Each opening total includes a $2.00 Morgan County Law Library Fund charge under Ala. Code § 45-52-82.01 and a $5.00 Morgan County Special Fee under Ala. Code § 45-52-84.23, both on the cost schedule effective April 1, 2026. |
| Publication handled through the court | The court's handbook says the probate court currently arranges the newspaper notice to creditors, and the personal representative pays the publication charge. The county schedule effective April 1, 2026, lists an estate notice at $69.00. |
| Handbook certificate before letters of administration | Before letters of administration issue in an intestate case, the personal representative and the estate attorney must sign the certificate from the court's handbook and file it with the court. |
| Public estate notices | The probate office publishes estate notices it has run, listed by decedent name and free to read. This is useful for notice research, but it is not a complete estate docket. |
| Recorded document index | The probate office runs an online index of recorded documents. Searching and printing are free, but the office sets up a free account before a user can view or print a document. |
Recent updates
| Change | Date |
|---|---|
| The Morgan County Probate Court cost schedule now lists the county's estate filing totals, including $78.00 to probate a will of five pages or less and $88.00 for letters of administration. | Effective April 1, 2026 |
| The separate Morgan County recording cost schedule applies when estate real estate changes hands, including the $11.00 base deed recording charge and deed tax of $0.50 per $500 of value under Ala. Code § 40-22-1. | Effective October 1, 2025 |
| Alabama's small estate summary distribution rules were rewritten by Act 2025-431. Morgan County publishes the act in its estate materials, and the statewide details belong on the Alabama probate page. | Effective October 1, 2025 |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Morgan County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Open the estate at the Morgan County Probate Office in Decatur. If there is a will, the county cost to probate a will of five pages or less is $78.00 under the schedule effective April 1, 2026. A home in the estate points to full administration rather than a personal-property-only route. The court currently arranges the creditor publication, and the estate notice is listed at $69.00 under the schedule effective April 1, 2026. | Sunset helps identify accounts, policies, and debts before the 60-day inventory is due. |
| Out-of-state adult child with small estate | File in Morgan County if the parent was domiciled there. The probate office lists P.O. Box 848, Decatur, AL 35602, but it does not publish which estate papers it accepts by mail, so call 256-351-4675 before sending originals. The county publishes no electronic filing system for estate cases. | Sunset helps build the asset picture remotely so one Decatur trip can be planned around the papers the office needs. |
| Parent settling predeceased child's estate, home must be sold | With no will, the grant of letters of administration is listed at $88.00 under the Morgan County schedule effective April 1, 2026. The personal representative and estate attorney must review the court's handbook and file the signed certificate before letters of administration issue. If a deed is recorded after a sale, the recording schedule effective October 1, 2025, lists $11.00 in base recording charges plus deed tax of $0.50 per $500 of value under Ala. Code § 40-22-1. | Sunset helps organize the asset and liability information needed for the inventory, bond, sale planning, and estate settlement. |
Self-help resources
| Resource | How it helps | Contact | Limits |
|---|---|---|---|
| Morgan County Probate Office | Filing counter for estates, on the second floor of the Morgan County Courthouse in Decatur. | 256-351-4675, [email protected] | Office staff can explain filing routing and costs. They do not advise you about which legal path to choose or draft petitions for you. |
| Morgan County probate forms and publications | Includes the estate inventory form, the handbook for personal representatives, Medicaid notice instructions, and county cost schedules. | morgancountyprobate.com | The county does not publish estate petition forms. |
| Morgan County estate notices | Free list of estate notices the probate office has run, organized by decedent name. | morgancountyprobate.com | This is a notice list, not a full estate docket. |
| Morgan County Probate Court attorney referral list | List of attorneys who asked to be listed for potential referrals. | morgancountyprobate.com | The court states that the list is not a quality endorsement and is presented in no particular order. |
| Legal Services Alabama | Free civil legal help for low-income Alabamians, subject to eligibility and case-type priorities. | Statewide intake 866-456-4995 | Its published areas include heirs property and estate planning, not a promise of estate administration representation. |
| Alabama Medicaid Agency estate notice system | Electronic estate notice system that issues a serialized certificate to file with the probate court. | estatenotice.medicaid.alabama.gov | Use the certificate or the certified-mail procedure described in the county's Medicaid notice instructions. |
When to hire an attorney
An attorney is especially important in Morgan County when there is no will, real estate must be sold, a bond must be arranged, the estate may be insolvent, heirs cannot be found, a wrongful death claim exists, or a dispute could lead an interested party to seek removal of the administration to the Circuit Court of Morgan County. Morgan County publishes no petition form, and the court requires the personal representative and estate attorney to review the court's handbook and sign its certificate before letters of administration issue. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help identify bank accounts, investment accounts, insurance, and other assets before the Morgan County inventory is due.
Generate the probate packet. Sunset uses the asset picture, family information, and filing path to help assemble the documents needed for estate settlement in Morgan County, including the information an attorney needs to draft the petition.
Find a local probate attorney. When Morgan County practice calls for drafted pleadings, a handbook certificate, bond planning, real estate sale authority, or court approval of distributions, Sunset can connect the family with a vetted local probate attorney.
Sunset is free for families. Families can use Sunset to organize the work, understand the next step, and move estate settlement forward without paying Sunset for the service.
Frequently asked questions
Where do I file to open an estate in Morgan County, Alabama?
File at the Morgan County Probate Office on the second floor of the Morgan County Courthouse, 302 Lee Street NE, Decatur, AL 35601. The mailing address is P.O. Box 848, Decatur, AL 35602. Call 256-351-4675 before mailing original estate papers.
What does it cost to open an estate in Morgan County?
Under the Morgan County Probate Court cost schedule effective April 1, 2026, it costs $78.00 to probate a will of five pages or less and $88.00 for a grant of letters of administration. A will over five pages adds $3.00 per page under Ala. Code § 12-19-90. Newspaper publication is billed separately.
Who pays for the newspaper notice in a Morgan County estate?
The probate court currently arranges the publication, and the personal representative pays the cost. Under the county schedule effective April 1, 2026, an estate notice through the Hartselle Enquirer is listed at $69.00, and a final settlement notice is listed at $155.22.
Does Morgan County have its own probate forms?
Morgan County publishes an inventory form, a handbook of duties for personal representatives, and Medicaid notice instructions. It does not publish a petition to probate a will, a petition for letters of administration, or a summary distribution petition.
Can I file estate papers electronically in Morgan County?
The county publishes no electronic filing system for estate cases. Its electronic recording service is for recorded documents such as deeds and mortgages. Estate papers go to the Morgan County Probate Office; call first to ask what the office will accept by mail.
Can I look up a Morgan County estate online?
The probate office publishes estate notices it has run, listed by decedent name and free to read. It also runs an online index of recorded documents where searching is free, and a free account set up by the office is needed to view or print a document. Neither tool is a complete estate docket, so call the probate office for estate papers.
What has to happen before letters of administration are issued in Morgan County?
For an intestate administration, the Morgan County Probate Court requires the personal representative and the estate attorney to review the court's handbook for personal representatives and file the signed certificate from the back of the handbook before letters of administration issue.
When is the inventory due in a Morgan County estate?
A signed, notarized inventory is filed with the probate court within 60 days after appointment, using the court's inventory form. If additional assets are found later, the personal representative files an amended inventory.
Can I attend a Morgan County probate hearing by phone or video?
How a hearing is attended is set by the Morgan County Probate Court. Ask the probate office when a hearing is scheduled.
What are the Morgan County Probate Office hours?
The probate office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m. Because courthouse work has produced announced closures, check the probate office news before traveling to Decatur.
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.