If a Morgan County resident has died, the estate is opened in the Morgan County Probate Court in Decatur. If planning is what you need, the documents are the same everywhere in Alabama — a will, a durable power of attorney, an advance directive, and correct deeds and beneficiary designations.
The deadline that matters most after a death with no will: 40 days. Under Ala. Code § 43-2-43(b), the spouse and next of kin who do not apply for letters within 40 days after the death is known are held to have relinquished the right.
Morgan County Probate Court
| Detail | |
|---|---|
| Probate Judge | Greg Cain |
| Address | 302 Lee Street NE, Decatur · P.O. Box 848 |
| Phone | (256) 351-4675 |
| Filing fees | Not retrievable online at the time of writing — call the office |
| Statutory baseline | $45.00 to probate a will and $45.00 for letters of administration under Ala. Code § 12-19-90, but counties vary by local act |
Morgan County publishes a fee schedule but it was not reachable online when we checked in August 2026. Do not rely on a figure from a third-party site — call (256) 351-4675 and ask for the current schedule.
Verified against the county probate office, August 2026.The clocks that run after a death
- Five daysLetters of administration cannot be granted until five days after death (§ 43-2-45).
- Forty daysWhere there is no will, a spouse or next of kin who does not apply within 40 days after the death is known relinquishes the priority right (§ 43-2-43(b)). The next tier is the largest Alabama creditor of the estate.
- Thirty days from lettersNotice to creditors must be published (§ 43-2-60), running once a week for three successive weeks (§ 43-2-61).
- Six monthsClaims must be presented within six months of the grant of letters or five months from first publication, whichever is later (§ 43-2-350). Claims not presented are forever barred.
Somebody died and you are not sure where to start
That is the normal place to be. Call the Athens office and we will tell you what actually has to happen and in what order.
What to bring
- The original will, and any codicils
- A certified death certificate — get several
- Deeds to any real property, and which county each parcel is in
- Recent statements for every bank, brokerage and retirement account
- Life insurance policies and annuity contracts
- Vehicle and trailer titles
- A list of known debts
- Last year’s tax return if you can find it
Nobody has all of it. Bring what you have — reconstructing the rest is the largest avoidable cost in most estates.
Planning, if that is what you need
A will under § 43-8-131 requires two witnesses. Add a self-proving affidavit under § 43-8-132 so nobody has to find them later, and a bond waiver under § 43-2-851(c) so the estate does not pay a premium. Pair it with a durable power of attorney under § 26-1A-101 and following and an advance directive under § 22-8A-4.
Then check the deed and the beneficiary forms, because those override the will.
Morgan County estate questions
Which county do I open the estate in?
The county where the person was domiciled at death. Real property in a different Alabama county generally requires additional steps so the record in that county reflects the transfer.
How much does probate cost in Morgan County?
Morgan County’s published schedule was not retrievable online when we checked in August 2026. Call (256) 351-4675 for the current figure. The statutory baseline under Ala. Code § 12-19-90 is $45.00, but counties vary by local act.
How long does a Morgan County estate take?
Commonly six to twelve months for a straightforward estate. The floor is the creditor claim period under § 43-2-350 — six months from the grant of letters, or five months from first publication, whichever is later.
Do I need a lawyer to open an estate?
A personal representative can file without one, but the role carries real duties — notice under §§ 43-2-60 and 43-2-61, handling claims, court approval for the acts listed in § 43-2-844, and an accounting. Probate staff cannot advise you, because that would be practising law.
The land has been in the family for generations and nobody ever opened an estate. What now?
That is heir property, and it is common across Morgan and Lawrence Counties. Clearing it means reconstructing the chain, opening the estates that were never opened, and recording corrective instruments. It gets more expensive every year — deal with it now rather than leaving it to the next generation.
Can we sell the house while the estate is open?
Under § 43-2-844 the personal representative needs prior court approval to sell estate real property. Start that petition early — a buyer under contract will not wait on a hearing date.
Morgan County families, Athens office
Probate, estate administration, wills and heir property title work. Thirty minutes from Decatur.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about estate planning or probate? Email estateplanning@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
