Find Probate Court Records in Montgomery

Probate court records for Montgomery residents are kept at the Montgomery County Probate Court. As the state capital. And county seat of Montgomery County, Montgomery is home to the main probate court offices found in the Montgomery County Courthouse Annex III on South Lawrence Street. The probate court has area over all estate administration proceedings, will probate, guardianship. And conservatorship appointments, adoptions, name changes, marriage licenses issued after August 2019,. And property transfer recordings for Montgomery residents. Estate files, probated wills, guardianship orders, conservatorship proceedings, sealed adoption records, name change decrees, and real property transfer documents are filed and permanently kept at the Montgomery County Probate Court. Montgomery 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 the Montgomery County Probate Court.

Which County Handles Probate Filings for Montgomery

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

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.

Montgomery County Probate Court

The Montgomery County Probate Court is found in the Montgomery County Courthouse Annex III on South Lawrence Street. Multiple divisions of the probate court are found throughout the Montgomery County Courthouse Complex. The court handles all probate court functions for Montgomery residents like estate administration, guardianships, conservatorships, adoptions, name changes, marriage licenses, motor vehicle title transfers, deed recordings,. And elections administration.

Staff at the probate court can assist with filing documents, searching records, requesting copies,. And answering procedural questions. Probate court records are public under Alabama Code Section 36-12-40 except. Where restricted by law for adoptions, mental health proceedings,. Or other confidential matters.

Types of Probate Records Available for Montgomery Residents

Estate Administration Files

When a Montgomery resident dies, their estate must be administered through the Montgomery 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. The personal representative must file an inventory. And appraisement within two months of appointment under Alabama Code Title 43, Chapter 2.

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.

Intestate Succession

Alabama Code Section 43-8-40 governs intestate estates. When someone dies without a valid will, their property passes to heirs as prescribed by statute. The probate court administers intestate estates through the appointment of a personal representative who distributes assets according to Alabama's intestate succession laws. The order of grant of administration is set by Alabama Code Section 43-2-42, giving preference to surviving spouse, next of kin, largest creditor,. Or others as appointed by the probate judge.

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. These records are usually public under Alabama Code Section 36-12-40, subject to recent privacy rules restricting certain personal information.

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.

An adoptee who reaches age 19 may petition the probate court for disclosure of identifying information about biological parents. The court will not release such information without the natural parent's written consent unless the court finds out disclosure is in the best interest after weighing all relevant factors. Natural parents may consent in writing under oath to allow disclosure. When the adoptee reaches 19 years of age.

Name Change Records

Montgomery residents seeking a legal name change must file a verified petition in Montgomery 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. For child name changes, notice must be given to both parents unless waived.

Name change files contain the verified petition, proof of notice. Or waivers, and the court order granting or denying the petition. These records are usually public unless sealed for specific reasons like domestic violence protection. Or witness protection.

Fees and Costs

Alabama Code Section 12-19-90 sets a statutory fee schedule for probate court services. The statute sets standard fees. But does not repeal local laws that may prescribe different fees for judges of probate. Montgomery County Probate Court follows either the statutory schedule. Or a local fee schedule if one has been adopted.

Standard fees under Section 12-19-90 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
• Presiding in noncontested causes: $10.00
• Presiding in contested causes: $25.00 per day
• Certified copies: $2.00 to $5.00 per document plus page fees
• Uncertified copies: $0.50 to $2.00 per page depending on county practice

Contact the Montgomery County Probate Court at (334) 832-1241 for the current full fee schedule. Fees are subject to change. Payment is usually needed at the time of filing. Or when requesting copies. Most probate offices accept cash, checks, money orders,. And in some cases credit or debit cards.

Legal Framework and Statutes

Probate Court Jurisdiction

Alabama Code Section 12-13-1 sets the general area of probate courts in Alabama. This statute grants probate courts original and general area over granting letters testamentary and administration, probating wills, settling estates, appointing guardians and conservators, hearing adoptions, issuing name changes, and all other matters stated by law.

Alabama Probate Code

Alabama Code Title 43, Chapter 8 comprises the Alabama Probate Code. This chapter defines the probate court as the court having area in matters relating to decedents' estates. It contains full provisions governing estate administration, will execution requirements, intestate succession, and will contests.

Order of Grant of Administration

Alabama Code Section 43-2-42 sets. Who has priority for administration of an intestate estate. The statute gives preference to surviving spouse, next of kin, largest creditor, or others as appointed by the probate judge.

Intestate Estate Generally

Alabama Code Section 43-8-40 states. That any part of the estate of a decedent not effectively disposed of by will passes to heirs as prescribed in statute. The section includes subsequent provisions on share of the spouse, share of heirs other than surviving spouse,. And requirement that heir survive decedent for five days.

Public Records

Alabama Code Section 36-12-40 classifies records of the office of the probate judge as public writings that are free for examination by all persons whether interested or not. The statute was recently amended in 2024 to clarify. That public officers are not obligated to respond to requests that are vague, ambiguous, overly broad, or unreasonable in scope.

Guardianship and Conservatorship

Alabama Code Title 26, Chapter 2A is the Alabama Uniform Guardianship and Protective Proceedings Act. This act took effect in January 1988. And governs the appointment and duties of guardians and conservators for incapacitated persons and minors.

Legal Aid and Resources for Montgomery Residents

Montgomery Volunteer Lawyers Program

The Montgomery Volunteer Lawyers Program gives free legal services for probate, family law, and collections matters. Eligibility is based on income and asset levels. Applicants must meet financial requirements to qualify for services. The program is a not-for-profit pro bono program supported by the Montgomery County Bar Foundation.

Legal Services Alabama - Montgomery Office

Legal Services Alabama serves low-income people in civil cases like Elder Law, Family. And Juvenile, Consumer, Debt, Credit, Bankruptcy, Foreclosure, Housing, and Public Benefits. The organization handles civil cases only. All lawyers are licensed to practice in Alabama.

Alabama State Bar Volunteer Lawyers Program

The Alabama State Bar Volunteer Lawyers Program handles Family, Bankruptcy, Divorce,. And Estate Planning matters. The state bar headquarters is found in Montgomery.

Senior Legal Assistance

The Legal Help Program is a statewide system of legal professionals assisting older adults. This program gives non-fee-generating legal help for adults age 60 and older.

Montgomery County Bar Association

The Montgomery County Bar Association was founded in 1915. The association advances professionalism, promotes practice development, encourages public service, fosters camaraderie,. And supports access to legal services. For attorneys, the association gives free CLE programming throughout the year, monthly meetings,. And various committees. For the public, the Montgomery County Bar Volunteer Lawyers Program is a not-for-profit pro bono program supported by the Montgomery County Bar Foundation.

Federal Court Access

The Frank M. Johnson Jr. U.S. Courthouse Complex was completed in 1933. And renamed in 1992 to honor Judge Frank M. Johnson Jr. who presided there for nearly three decades. The courthouse serves the U.S. District Court for Middle District of Alabama Northern Division seat. Court for the District is also held at Dothan and Opelika. The courthouse houses the Office of the Clerk for Alabama Middle District.

Montgomery Probate Resources

Nearby Cities with Probate Records

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

• Birmingham - Jefferson County
• Mobile - Mobile County
• Dothan - Houston County
• Tuscaloosa - Tuscaloosa County