Access Mobile Probate Court Records

Probate court records for Mobile residents are kept at the Mobile County Probate Court found at 151 Government Street in the Mobile County Government Center Annex. The probate court serves all Mobile County residents like those living in the city of Mobile. Estate administration files, probated wills, guardianship proceedings, conservatorship orders, sealed adoption records, name change decrees, and property transfer documents are filed and permanently kept at the Mobile County Probate Court. Mobile residents seeking to probate a will, open estate administration, set guardianship. Or conservatorship, file for adoption, or petition for a name change must submit their case to Mobile County Probate Court. The court is led by C. Mark Erwin, Judge of Probate,. Who assumed office on January 16, 2025. The office gives resources, forms, and handles all probate matters for Mobile County.

Which County Handles Probate Filings for Mobile

Mobile is found in Mobile County and serves as the county seat. All probate court filings for Mobile residents are handled by the Mobile County Probate Court. As the county seat, Mobile is home to the probate court offices.

Under Alabama Code Section 12-13-1, the probate court has original. And general area over all matters relating to estates of deceased persons, guardianships and conservatorships for minors and incapacitated adults, adoptions, name changes, and other matters stated by statute. Wills must be filed in the county. Where the deceased person lived. Alabama law needs wills to be filed within five years of the testator's death to remain effective.

Mobile County Probate Court

The Mobile County Probate Court is found at the Mobile County Government Center Annex on Government Street. The court handles all probate court functions for Mobile residents like estate administration, guardianships, conservatorships, adoptions, name changes, marriage licenses, motor vehicle title transfers, deed recordings, and elections administration.

As of August 19, 2025, the Probate Court offers parties the option to receive official Court notices via e-mail in lieu of First Class Mail. This modern notification system gives faster delivery of court documents. Staff at the probate court can assist with filing documents, searching records, requesting copies, and answering procedural questions.

Types of Probate Records Available for Mobile Residents

Estate Administration Files

When a Mobile resident dies, their estate must be administered through the Mobile County Probate Court. The process begins with filing a petition for letters testamentary if the deceased left a valid will or a petition for letters of administration if the deceased died intestate. Under Alabama Code Title 43, Chapter 8, the probate court has area in all matters relating to decedents' estates.

Under Alabama Code Section 43-2-350, creditors have six months from grant of letters. Or five months from first publication to file claims against the estate. Estate files contain the original will. Or petition, letters issued by the court, inventory of assets, claims filed by creditors, accountings showing receipts and disbursements, receipts and releases from heirs or beneficiaries, and final settlement documents. These files remain permanently in the probate court archives.

Small Estate Administration

Alabama Code Section 43-2-692 gives a simplified procedure for small estates under the Alabama Small Estates Act. This statute allows summary distribution of personal property when the estate value does not exceed limits adjusted annually for inflation. Small estate procedures give a faster distribution method without full probate administration for qualifying estates.

Guardianship and Conservatorship Records

The probate court appoints guardians for minors. And incapacitated adults who cannot manage their own affairs. Alabama Code Title 26, Chapter 2A governs guardianship. And conservatorship proceedings. A guardian manages personal welfare and health care decisions. A conservator may be appointed when an incapacitated person is unable to manage property and business affairs and has property that will be wasted without proper management or needs funds for support.

Guardianship files include the petition for appointment, medical evidence. Or certificates of incapacity, court orders appointing the guardian or conservator, bonds, annual accountings and reports, court orders approving actions or expenditures, and final discharge orders. Guardians and conservators must file detailed annual accountings with the court.

Adoption Records

Probate courts in Alabama have exclusive area over adoption proceedings. However, adoption records are sealed by statute once the final decree is entered. Under Alabama Code Title 26, Chapter 10A, identifying information from sealed adoption files cannot be disclosed except by court order. Before the final decree, only the petitioner, their attorney, the preplacement investigator, and any attorney for the minor have access to the adoption file.

Name Change Records

Mobile residents seeking a legal name change must file a verified petition in Mobile County Probate Court under Alabama Code Title 12, Chapter 13. The court must find compliance with notice requirements, good and enough reason for the change, and that the change is consistent with the public interest.

Fees and Costs

Alabama Code Section 12-19-90 sets a statutory fee schedule for probate court services. Standard fees include:

• Will probate (5 pages or less): $45.00 with three certified copies of letters testamentary
• Letters of administration: $45.00 with three certified copies
• Additional pages: $3.00 per page for wills over 5 pages and final settlements over 10 pages
• Filing petitions: $3.00 per petition or paper filed
• Certified copies: $2.00 to $5.00 per document plus page fees

Contact the Mobile County Probate Court at (251) 574-6001 for the current full fee schedule.

Legal Aid and Resources for Mobile Residents

South Alabama Volunteer Lawyers Program

South Alabama Volunteer Lawyers Program, Inc. gives free legal services in certain civil matters through local volunteer lawyers. The charitable organization serves low-income persons in Mobile, Baldwin, Clarke, and Washington counties. Services are dedicated to pro bono publico legal services.

Mobile Bar Association

The Mobile Bar Association was founded in 1869, making it one of the oldest bar associations in the United States. And the oldest in Alabama. The voluntary, non-profit professional association promotes and keeps the highest ethical standards of the legal profession, gives professional development and networking opportunities, and serves the legal needs of the greater Mobile community.

Federal Court Access

The United States District Court for Southern District of Alabama is found at the corner of Saint Louis. And Saint Joseph Streets in downtown Mobile. The current courthouse opened in 2018. The courthouse also houses the United States Marshals Service. Court for the District is also held at Selma.

Mobile Probate Resources

Nearby Cities with Probate Records

The below cities in Alabama also keep probate court records through their respective county probate courts:

• Montgomery - Montgomery County
• Dothan - Houston County
• Birmingham - Jefferson County