What to Do When Someone Dies in Houston County, Alabama
Probate in Houston County runs through the Probate Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Houston County, settling their estate runs through the Probate Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
Probate Court Record
Probate Court
Houston County
Address
Phone
Hours
Departments
- Probate Court334-677-4701
- Chief Probate Clerk334-677-4707
Mailing address: P.O. Drawer 6406, Dothan, AL 36302.
Verified July 3, 2026 · Source
How Probate Works in Houston County
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Houston County, probate runs through the Probate Court at 462 North Oates Street, Dothan.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Alabama intestacy law when there is no will.
Most Alabama estates take 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to move through this process. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
What Probate Costs in Houston County
What probate costs in Houston County, Alabama comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Probate Court at 462 North Oates Street, Dothan.
Probate matters are handled through Probate Court and Chief Probate Clerk. Filing and payment go through these offices, not the main clerk window.
Local procedures at this court: Self-represented litigants may file in paper. These are county-specific and not posted on the statewide court site.
The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Jul 14, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Probate Court accepts e-filing (https://alafile.alacourt.gov/). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Alabama are negotiated, typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation runs 2%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source to 5%Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)Verified Jul 14, 2026View source of estate value, based on reasonable pay for time and effort. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Alabama requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Ala. Code § 43-2-851Verified Jul 14, 2026View source of estate value annually.
Probate in Alabama typically runs 12 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source to 18 monthsAla. Code § 43-2-848Verified Jul 14, 2026View source, and costs accrue throughout. The 6 monthsAla. Code § 43-2-350Verified Jul 14, 2026View source creditor claim window is the single biggest driver of that timeline — a mandatory wait regardless of estate complexity.
How to File Probate at the Probate Court
Probate documents in Houston County can be filed in person at the Probate Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available.
Filings here are routed through Probate Court and Chief Probate Clerk. Confirm with the office which intake handles the petition type you're filing.
How to File Your Documents
You can file your probate documents in person at the court or by mail.
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Probate Court is realistic.
For a full cost comparison and filing checklist, see the Houston County Self-Filing Assessment.
Houston County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Self-represented litigants may file in paper
Self-represented (pro se) litigants are not required to use AlaFile electronic filing. Paper filing is available at the probate court for all filings.
SourceWhat to Bring
To file at the Probate Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Transferring Property in Houston County
Clearing title to real estate after a death—recording a personal representative’s deed, an affidavit of survivorship, or a court order—happens at the Judge of Probate.
Recording Office Record
Judge of Probate
Houston County · Patrick H. Davenport
Address
Phone
Hours
E-recording
Recording fees
| Base fee (first page) | $13 |
| Each additional page | $3 |
Houston County charges a $13.00 filing fee per document (published breakdown: $8.00 clocking fee + $3.00 preservation fee + $2.00 filing fee) plus $3.00 per page — $16.00 for a one-page instrument. $2.00 for each additional page over two. All names over two add $1.00 each. $1.00 no-tax fee for non-taxable institutions. Exceeds the state statutory floor.
Ala. Code 12-19-90(b)(22), (b)(24); Ala. Code 40-22-1(c); Houston County Probate recording and fees page
Transfer tax
$0.50 per $500 of value of the property conveyed, or fraction thereof (Ala. Code 40-22-1(c)). Transfer-on-death deeds are generally exempt (Non-operative: Alabama has no transfer-on-death deed. Ala. Code Title 35, Ch. 4 contains no TOD deed article, and the only Transfer on Death act in the Code (Ala. Code 8-6-140 to 8-6-151) covers securities registration, not real property. No TOD deed can be presented for recording in Alabama.). Alabama recordation tax is collected by the Judge of Probate at the time of recording (Ala. Code 40-22-1(d)-(e)). The tax is measured on the VALUE of the property conveyed, not on the consideration paid — 40-22-1(c) requires proof of actual value where the property has not been sold, so a no-consideration gift deed is still taxed on the property value. The nominal-consideration exemption in 40-22-1(b)(2) reaches only deeds "executed for a nominal consideration for the purpose of perfecting the title to real estate." Mortgages are taxed separately at $0.15 per $100 of indebtedness (Ala. Code 40-22-2(1)a.).
Mailing address: PO Box 6406, Dothan, AL 36302-6406. Houston County operates a 4-day workweek (closed Fridays). Administrative building at 462 N. Oates St; courthouse at 114 N. Oates St. Recording department direct: 334-677-4723.
Verified July 13, 2026 · Source
Probate Attorneys Serving Houston County
Alabama uses formal, court-supervised probate, which makes an attorney worthwhile for most estates in Houston County — the filing sequence, notice requirements, and accounting leave little room for error. Estates under the small-estate threshold are the usual exception.
Probate attorney fees in Alabama are based on reasonable compensation — typically 1.6%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source to 2.5%Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)Verified Jul 14, 2026View source of the estate's value, billed hourly or as a flat fee. Ask a Houston County firm to quote a structure up front.
A probate attorney files the petition with the Probate Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
Southeast Alabama Firms
Boles Holmes White, LLC
FirmDothan law firm providing estate planning, will drafting, trusts, probate of wills, and powers of attorney services to Southeast Alabama families.
Location
661 West Main StreetDothan, AL 36301
Phone
(334) 366-6086
Service Area
1 county
Prim & Mendheim, LLC
FirmDothan probate law firm with 85+ years combined experience. Also serves Ozark (Dale County) from a second office.
Location
103 Jamestown BoulevardDothan, AL 36301
Phone
(334) 671-9555
Established
2006
Service Area
2 counties
Smith Law Firm, Attorneys at Law
FirmFather-and-son team focused on estate planning, probate administration, trust administration, will contests, and guardianships in Southeast Alabama.
Location
211 West Main Street, Suite 1Dothan, AL 36301
Phone
(334) 702-1744
Established
2016
Service Area
6 counties
The Law Office of Peter A. McInish, LLC
Solo PracticeOver three decades of experience serving southeast Alabama. Handles probate of wills, administration of estates, and estate planning including living trusts. Located half a block from the Houston County Courthouse.
Location
153 South Oates StreetDothan, AL 36301
Phone
(334) 671-2555
Service Area
8 counties
Statewide Practices
Eastwood Estate and Probate Law
Solo PracticeEstates opened in 47 Alabama counties. Provides estate planning, probate and estate administration, estate and trust litigation, guardianships and conservatorships, and elder law services.
Location
2001 Park Place, Suite 510Birmingham, AL 35203
Phone
(205) 319-9995
Service Area
Statewide
The Harris Firm, LLC
FirmServing Alabama since 2005. Jefferson County probate lawyers and estate planning attorneys dedicated to giving clients peace of mind and expert legal support.
Location
2101 1st Avenue North, Suite 320Birmingham, AL 35203
Phone
(205) 201-1789
Established
2005
Service Area
Statewide
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Legal Sources
- Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)
- Ala. Code § 43-2-350
- Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement)
- Ala. Code § 43-2-848
- Ala. Code § 43-2-848 (reasonable compensation capped at 2.5% of property received/controlled + 2.5% of disbursements; court may award more for extraordinary services)
- Ala. Code § 43-2-851
Data sourced from Alabama statutes and official state code. How we research.
Frequently Asked Questions
You open probate by filing a petition with the Probate Court in Houston County, attaching the original will (if any), the death certificate, and the filing fee ($55). Once the court issues letters, the personal representative can act.
Total probate costs on a $500,000 estate run about $29,964 statewide in Alabama. For Houston County, that means filing fees ($55 to open), attorney fees, executor compensation, publication costs, and possibly a bond. The calculator on this page runs the math for your estate size.
Yes. The Probate Court in Houston County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Not every estate needs one. Simple estates, small estates under the affidavit threshold, and states with informal probate can often be handled without counsel. Contested wills, out-of-state property, and business interests usually need an attorney. The Alabama self-filing assessment scores whether this estate can be handled without one.
A simple Alabama probate typically closes in 6–12 months; average estates run 12–18 months. The mandatory creditor-claim period accounts for much of that, so even uncontested estates rarely close quickly.
A revocable living trust skips probate entirely — no filing fee, no attorney schedule, no executor commission. The cost of setting up the trust is typically recovered many times over compared to what probate would cost the estate. Create a revocable trust online and keep the estate out of Houston County probate.
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Each institution has a separate death claim process. Find yours below.
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