What to Do When Someone Dies in Lee County, Alabama

How probate works in Lee County: the Probate Court record, what the process costs, and how to file there.

Probate Court Record

Lee County Probate Court

Lee County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

215 South 9th Street, Opelika, AL 36801

Self-represented filing

Allowed

Accepted payment

  • At the counterCash, Check, Money order.The Probate Office accepts cash, check, cashier's check or money order only.

Verified October 15, 2026 · Source

How Probate Works in Lee 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 Lee County, probate runs through the Probate Court at 215 South 9th Street, Opelika.

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 months to 18 months to move through this process. Creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present a claim, counted from the opening of the estate.

What Probate Costs in Lee County

What probate costs in Lee 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 215 South 9th Street, Opelika.

The Probate Court charges $45Ala. Code § 12-19-90(a)(1); Ala. Code § 12-19-90(a)(2)Verified Oct 17, 2026View source to open a probate case. Additional filings during administration — inventory, accounting, the final petition — add to the total.

Estimate the costs for this estate:

Attorney fees in Alabama are negotiated, typically 1.6%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 2.5%Modeled estimate under Ala. Code § 43-2-682 (court fixes reasonable attorney fees at settlement): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.

Alabama allows executors 'reasonable compensation' — around 2.2%–3.8% of a $500,000 estate, judging by what the states with statutory schedules payAla. 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 Sep 8, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.

Alabama requires publishing notice to creditors in a local newspaper, and the estate pays for it.

A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Ala. Code § 43-2-851Verified Sep 8, 2026View source of estate value annually.

Probate in Alabama typically runs 12 months to 18 months, and costs accrue throughout that period.

How to File Probate at the Probate Court

Probate cases in Lee County are filed at the Probate Court. File in person during business hours or by mail.

Can You File Without an Attorney?

In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

For a full cost comparison and filing checklist, see the Lee County Self-Filing Assessment.

Lee County Filing Requirements

These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.

Records Access

Satellite offices in Auburn and Smiths Station

In addition to the Opelika courthouse, the Lee County Probate Office operates satellite locations in Auburn (1266 Mall Parkway, Auburn, AL 36830; 334-737-7297) and Smiths Station (2336 Lee Road 430, Smiths Station, AL 36877; 334-448-3299). The Opelika and Auburn offices are open 8:00 AM - 4:30 PM; the Smiths Station office is open 9:00 AM - 4:30 PM.

Source

Other Requirements

The Probate Judge cannot give legal advice or provide forms

The court states that handling an estate normally calls for an attorney, since the Probate Judge cannot advise on the law or provide forms.

Source

What to Bring

Filed with the opening petition at the Probate Court: Sworn (verified) petition for letters / for probate of will, stating the decedent, domicile, date of death, heirs/devisees, and the estimated value of the estate; Original will and any codicils (testate estates), to be admitted to probate before letters testamentary issueAla. Code §§ 43-2-20 to 43-2-27 (letters testamentary); §§ 43-2-40 to 43-2-48 (letters of administration); § 43-2-851 (bond)Verified Aug 24, 2026View source.

Death Certificates and the Coroner in Lee County

In Alabama a death is registered locally, and in Lee County certified copies of the death certificate are issued by Lee County Health Department as well as by Alabama Department of Public Health - Center for Health Statistics.

Vital Records Office Record

Local Health Department

Lee County · Lee County Health Department

Hours

7:30 AM-5:00 PM

Office

1801 Corporate Drive, Opelika, AL 36801

Certified copies

At the counter

Fax

1-334-851-8517

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Coroner

Lee County · Lee County Coroner's Office

Hours

Monday-Friday 9:00 AM-4:00 PM

Office

100 Orr Avenue, Opelika, AL 36804

Cremation authorization

Signed by this office

Mail and offices

Mail

P.O. Box 2770 Opelika, AL 36803

Fax

1-334-759-5969

Verified November 2, 2026 · Source

Transferring Property in Lee County

Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Judge of Probate.

Deeds and other real property documents for Lee County are recorded with the Judge of Probate at 215 South 9th Street, Opelika, AL 36801. Phone: 1-334-737-3670. Hours: Monday-Friday 8:30 AM-4:30 PM CT.

Documents submitted by mail go to P.O. Box 2266, Opelika, AL 36803-0811.

The Judge of Probate charges $8 for the first page plus $3 for each additional page.

Lee County accepts electronic recording through Simplifile.

Recording Office Record

Judge of Probate

Lee County

Hours

Monday-Friday 8:30 AM-4:30 PM CT

Office

215 South 9th Street, Opelika, AL 36801

Mail

P.O. Box 2266 Opelika, AL 36803-0811

Verified October 16, 2026 · Source

Probate Attorneys Serving Lee County

Alabama allows independent administrationAla. Code § 43-2-834Verified Sep 8, 2026View source, so the personal representative manages, pays and distributes the estate without returning to the court for approval at each step. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.

Probate attorney fees in Alabama are based on reasonable compensation, billed hourly or as a flat fee. Ask a Lee 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.

FirmPhenix City, AL

Benton & Benton

Since 1979 · Serves 2 counties

Phenix City firm serving Russell and Lee Counties since 1979, now in its third generation of Benton attorneys. Handles probate and the administration of estates, guardianships and conservatorships, and estate planning with wills, trusts, powers of attorney and advance directives.

PracticesEstate PlanningProbateElder LawConservatorshipGuardianship

Office
1214 7th AvenuePhenix City, AL 36867

Solo PracticeAuburn, AL

Buckner Law Firm

Serves 1 county

Auburn practice of Anna F. Buckner, a Fellow of the American College of Trust and Estate Counsel. Handles probate, estate and trust administration, probate litigation, guardianships and conservatorships, and estate, special needs and business succession planning.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
1859 Ogletree RoadAuburn, AL 36830
Virtual consultations

Solo PracticeOpelika, AL

Matt White, Attorney

Serves 5 counties

Opelika solo practice serving Lee County and nearby Phenix City, Tuskegee, Tallassee and Valley. Assists with probate and estate administration in the Lee County Probate Court, from filing the will and petition through notifying creditors and inventorying assets, along with wills, revocable, irrevocable and special needs trusts, and estate tax planning.

PracticesEstate PlanningProbateTax Planning

Office
3120 Frederick Road, Suite JOpelika, AL 36801
Free consultation

FirmMontgomery, AL

Capell & Howard, P.C.

Since 1947 · Serves 3 counties

Montgomery firm founded in 1947 whose attorneys regularly appear before the Montgomery County Probate Court, with offices in Opelika and Tuscaloosa. Advises executors, trustees and beneficiaries in estate and trust administration, handles contested will, trust and estate matters, guardianships and conservatorships, and gift and estate tax matters before the IRS.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 6 more

Office
150 South Perry StreetMontgomery, AL 36104

FirmRoanoke, AL

The Law Firm of Kesa M. Johnston

Since 2009 · Serves 8 counties

Randolph County firm with offices in Roanoke and Wedowee serving East Alabama, including Cleburne, Clay, Calhoun, Chambers and Lee counties. Helps families through probate of wills, estates with multiple heirs or mounting debts, and negotiations with debt collectors, and prepares estate planning documents.

PracticesEstate PlanningProbate

Office
994 Main StreetRoanoke, AL 36274

Solo PracticeEnterprise, AL

Cranford Marshall Legal LLC

Serves the whole state

Downtown Enterprise practice near the Coffee County Courthouse, Enterprise Division, working primarily in Coffee County. Ashley Cranford Marshall handles estate and probate work, will drafting and guardian nominations for children, including for military families, and also mediates. Virtual consultations are available.

PracticesEstate PlanningProbate

Office
210 E. Grubbs Street, #3Enterprise, AL 36330
Virtual consultations
See all 18 firms serving Lee County →

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.

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Legal Sources

Show 5 more sources

Data sourced from Alabama statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.

Tools for Settling an Estate in Alabama

Free tools for settling an estate in Alabama: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Alabama.

How Do I Settle an Estate?

Settling an estate in Alabama: the personal representative files the estate inventory within 60 daysAla. Code §§ 43-2-835, 43-2-836Verified Sep 15, 2026View source of appointment; creditors have 6 monthsAla. Code §§ 43-2-60, 43-2-61, 43-2-350, 43-2-354, 43-2-371Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 12 months.

See the Steps

How Do I Settle a Trust?

Settling a trust in Alabama happens outside court: the trustee acts under the state's Uniform Trust CodeAla. Code § 19-3B-101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries within 60 daysAla. Code §§ 19-3B-813, 19-3B-1005Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.

See the Steps

Can I Self-File Probate?

In Alabama, informal probate is not availableAla. Code §§ 43-2-20, 43-2-40 (letters granted by the probate court; Alabama has no registrar/informal-appointment track)Verified Sep 8, 2026View source, so self-filing means a formal court petition rather than a registrar filing.

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